KRISHNA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) KRISHNA Kumar, J. The applicant Vikas alias Sonu involved in Case Crime No. 37 of 1999, under Sections 498-A, 304-B, IPC read with Section 3/4 Dowry Prohibition Act, P. S. Budhana, District Muzaffarnagar prays for bail.

(2.) THE applicant is husband of deceased Smt. Rinku. THE facts of this case are a little peculiar. Smt. Rinku died the very day in the night when she came to her father-in-law's house after marriage learned Counsel for the applicant con tended that, even if, there was demand of Maruti Car in dowry, the in- laws must have waited for some reasonable time to see whether the demand was fulfilled or not and at least there could not be any occasion for harassment or torture on the first day of marriage. It is further contended that the inquest is also very relevant in this case because at the time of inquest it was found that there was no cloth on the body of the deceased except the panty. It is contended that this position on the dead body could only be when the couple was celebrating their first night after marriage and there fore, the probability of the harassment, torture or beating is improbable. THEre is sufficient force in this contention of the learned Counsel for the applicant, because if due to dowry demand on the very first day there was harassment and torture of the deceased, it is improbable and the deceased could be celebrating her first night with her husband. From the post mortem report it is clear that the death has been caused due to asphyxia as a result of ante-mortem injuries and ante mortem injuries is on the neck which shows that there may be strangulation. THE conten tion of the learned Counsel for the ap plicant is that on the night of the occur rence some miscreant entered the upper room of the house where applicant and his wife were sleeping and they strangulated the deceased, looted the jewellery and kid napped the applicant.