MANISH SINGH Vs. STATE

JUDGEMENT

(1.) Heard Sri Brij Raj Singh, learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the case diary.

(2.) This bail application has been moved by the applicant Manish Singh with a prayer that he may be released on bail in case crime No. 154 of 2010 under sections 498-A, 304-B IPC and section .D.P. Act, P S. Bewar, District Mainpuri.

(3.) The facts in brief of this case are that the FIR of this case has been lodged by Uday Pratap Singh Rathore on 17.2.2010 at 8.30.P.M. in respect of the incident allegedly occurred from 8.2.2010 to.17.2.2010. The applicant and other co-accused persons are named in the FIR. The applicant is Dewar of the deceased. It is alleged that marriage of the deceased Smt. Vandana @ Shikha was solemnized with the co-accused Munenda Singh on 31.5.2005. After six days of her marriage the in-laws of the deceased demanding the money for constructing the house. The first informant was not in a position to pay the money, it was told by the deceased to her in-laws. Thereafter the deceased gave birth to a female child, then her in-laws became too much annoyed and they asked the deceased to say her father for depositing the amount of Rs. 50,000/- in the name of newly born female child as a fixed deposit. To fulfill the aforesaid demand of dowry the deceased was subjected to cruelty. On 2.2.2010 the wife of the first informant namely Sushila Devi, his daughter Anju Singh and Priti Singh @ Laki and his son Varun Singh had gone to the house of deceased to attend the Tilak ceremony because on 6.2.2010 the marriage of the applicant was scheduled. The in-laws of the deceased demanding the ornaments from the deceased from the marriage of the applicant, it was denied by the deceased then the deceased became victim of atrocities committed by her in-laws. The marriage party of the applicant returned on 7.2.2010, the deceased was ready to go to Delhi along with her husband on 8.2.2010. Her husband and Varun had gone out of the house then Smt. Sudha Singh Jethani of the deceased, Smt. Radha and Anju Nanad of the deceased did marpeet, then the deceased made hue and cry for saving her life. In the meantime the co-accused Mahavir Singh, the father-in-law of the deceased and Mahendra Pal Singh, Jeth of the deceased and Smt. Kanti Devi, the mother-in-law of the deceased exhorted to kill the deceased, then the deceased was over powered by her Jethani and Nanad Anju, the kerosene oil was poured by Nanad Radha and ignition was made by the applicant. The deceased was caught by fire, in the mean time Munendra, the husband of the deceased, Varun Singh son of the first informant and Anju Singh daughter of the first informant came there, they were not permitted to go near the deceased, they were intercepted at the door, The fire was extinguished then she was taken by a tractor to a private doctor of the Bewar, then she was taken to district hospital, Mainpuri by the husband of the deceased on 9.2.2010, she was referred to medical college, Saifai where her dying declaration was recorded by S.D.M. Saifai on 13.2.2010, then she was referred to Puspanjali Hospital, Agra and from where she was referred to Safadarjang hospital, Delhi but she could not be taken to the Safdarjang hospital, Delhi on account of the night but she was taken to IIMT hospital, lawyers colony, Agra where she died during treatment on 15.2.2010 at about 9.30 A.M., then the information was given to the police station concerned by the hospital, on that information the inquest report was prepared, thereafter post mortem examination was done and the dead body was handed to husband of the deceased. In IIMT hospital also the Addl. City Magistrate-I recorded the dying declaration of the deceased. The alleged occurrence had taken place on 8.2.2010 at about 6.00 P.M. According to the post mortem examination report the deceased had sustained burn injuries, she died due to septicaemia as a result of ante mortem burn injury. According to the first dying declaration the kerosene was poured upon her by the applicant and she was sat on fire by the applicant, thereafter her husband came there and tried to extinguish the fire in which his hands were burnt, but according to her second dying declaration also the applicant poured the kerosene oil upon the deceased and thereafter ignition was made by the applicant by match box. The applicant applied for bail before learned Sessions Judge, Mainpuri who rejected the same on.18.8.2010.