SANDEEP @ BOBY Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the Appellant and the learned A.G.A. and perused the impugned judgment and order dated 15.6.2011, rendered by the Sessions Judge, Auraiya, in session trial No. 3/2007, State v. Sandeep alias Boby.

(2.) THE learned Counsel for the Appellant submitted that the prosecution has not assigned any specific role of the Appellant except that he is the husband of the deceased. A general allegation has been made against all the accused including the Appellant. Co -accused Sarjan, Smt. Rajkumari and Smt. Neetu @ Ameeta having similar roles have already been enlarged on bail by this Court vide the order dated 23.8.2011 passed in criminal appeal No. 4123 of 2011. It was next submitted that PW -3 Dr. D.K. Dubey, who did the postmortem examination on the dead body of the deceased, stated that the cause of the death was Septicemia. It is alleged that the deceased consumed a hair dye under the mistaken belief of its being a medicine and this fact was told by the deceased to her father in the hospital. On the other hand, the defence case is that the deceased was provided a medicine by a local doctor which unfortunately reacted and proved fatal. She was immediately taken to the hospital. CW -1 Dr. M.K. Gautam had given first aid at Sadar Hospital, Auraiya but he found the position of the deceased critical, therefore, he referred the deceased to Ursala Hospital, Kanpur. Dr. Gautam stated that he was informed that it was a case of drug reaction, due to which a large number of bubbles developed on her body. It has also come in evidence that DW -1 Dr. Indrajeet Ahuja, who was a doctor in Sewadham Hospital, Kanpur had also given treatment to the deceased, who stated that her husband had given his blood to save the life of the deceased. The medical evidence on record is to the effect that bubbles occurred either due to consumption of hair dye or reaction of medicine. Septicemia was due to bubbles. The learned Counsel for the Appellant further submitted that in view of the facts and circumstances of the case, the Appellant tried to save the life of the deceased. It was next submitted that the statement that the victim informed her father in the hospital about consumption of hair dye was not correct in view of the fact that the victim was not conscious. The story of demand of dowry and harassment was developed after the death of the deceased.

(3.) KEEPING in view the entire facts and circumstances of the case and submissions of the learned Counsel for the Appellant and the learned AGA, the Appellant Sandeep @ Boby, is released on bail in all the offences he has been convicted and sentenced in the aforesaid session trial, during the pendency of the appeal, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.