KM MAMTA Vs. STATE OF U P

JUDGEMENT

(1.) By means of these bail applications under Section 439 of the Code of Criminal Procedure (in short 'the Cr.P.C.'), prayer for bail has been made on behalf of the accused-applicants Km. Mamta, Surendra Agarwal and Smt. Manju, in Case Crime No. 83 of 2009, under Section 302/201/147/ 34, I.P.C., P.S. Nauchandi, district Meerut.

(2.) A first information report was lodged on 14.2.2009 at 5.30 p.m. by Pradeep Kumar Gupta (father of deceased Kishan), at P.S. Nauchandi, district Meerut, where a case under Sections 147 and 302/34, I.P.C. was registered at Crime No. 83 of 2009. The allegations made in the first information report (Annexure-1), in brief, are that on 14.2.2009 at about 10 a.m., Monu s/o Surendra Agarwal and Surendra Agarwal s/o Gangamal, r/o A23 Vaishali Colony, Garh Road, Meerut alongwith one unknown person came at house No. 425 of the complainant, situated in Mahaveer Ji Nagar, within the limits of P.S. T.P. Nagar, Meerut and they carried his son Kishan saying that there is some urgent work with him. It is further alleged in the first information report that at about 4 p.m., the police of P.S. Nauchandi, Meerut by making telephone call asked the complainant to reach at house No. A23, Vaishali Colony, Meerut immediately and when the complainant reached there, he saw that the dead body of his son Kishan was lying inside the house.

(3.) After registration of the case at P.S. Nauchandi, Meerut, inquest proceedings of the dead body was conducted and thereafter the dead body was sent for post-mortem examination to the mortuary. The post-mortem examination of the dead body was conducted by the order of District Magistrate, Meerut by the panel of Dr. V.P. Singh, Dr. Satish Kumar and Dr. N.P. Singh on 14.2.2009 in the night in artificial light at 11.40 p.m. The cause of death could not be ascertained and hence the viscera was preserved, which was sent for chemical examination to the Forensic Science Laboratory, Agra. According to the report of Forensic Science Laboratory (Annexure-C.A.-1 to the supplementary counter-affidavit), ethyl alcohol poison was found in Parts 1 to 5 of the viscera, but any other kind of poison was not found in any part of the viscera.