PAPPI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. for the State.

(2.) The applicant, who is mother-in-law of the deceased, is an accused in case crime No. 0238 of 2020, under Sections- 498-A, 304-B of IPC and 3/4 of Dowry Prohibition Act, police station Machharehta, District Sitapur.

(3.) Learned counsel for applicant has submitted that the first information report was lodged by mother of the deceased stating that her daughter was married six months prior to the said incident. On 14.10.2020 she was informed by the in-laws that her daughter has died. They immediately went to the house of their son-in-law and they found their daughter lying dead on the cot. The burial proceedings were carried out in presence of the complainant and the in-laws. It is after three to four days of the said incident that it is said that the complainant came to know that her daughter has been murdered by the in-laws and consequently the F.I.R. was lodged after fourteen days of the incident i.e. 28.10.2020. The body was subsequently exhumed and post mortem was conducted on 4.11.2020 in which it has been stated that no injury could be found due to decomposition of the body and viscera was also preserved and sent for chemical analysis wherein also no poisonous substance has been found. In the aforesaid circumstances bail application of the applicant, who is mother-in-law of the deceased, is being pressed submitting that in the aforesaid circumstances prima facie no offence under Section 304 B IPC is made out in as much as it is not a case of culpable homicide nor it can be determined that it was a case of unnatural death as per the medical opinion. It has been submitted that the investigation has been concluded and the charge sheet has been filed and no cause of death has been determined.