KALLU KHAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Arun K. Singh - I, learned counsel for the applicants, learned A.G.A. for the State on 18.5.2010 and perused the record.

(2.) The dying declaration of the deceased was recorded on the date of the incident itself by Naib Tehsildar, Bijnor wherein the deceased leveled allegations of harassment against all the accused persons. Regarding the incident, she stated that at 7:00 a.m., her mother-in-law instigated the husband of the deceased who beat her with lathi. Thereafter husband poured kerosene oil on her and set her afire. Her jeth, jethani, father-in-law and mother-in-law were present in the house, but they did not make any attempt to extinguish the fire. Her jeth and jethani left the hospital on the arrival of paternal family members of the deceased.

(3.) Regarding incident, there is no specific allegation against the applicants. According to the dying declaration, mother-in-law instigated her son and on her instigation, husband of the deceased beat her and set her afire. The allegation against the applicants is that they did not try to save her. The deceased was admitted in the hospital by the jeth of the deceased.