MANPHOOLA Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri Har Govind Singh Parihar and Ms. Minakshi Singh and Sri S.S. Parihar, learned counsel for the applicant and learned A.G.A. For the State of U.P. This bail application has been filed by the applicant Smt. Manphoola Singh with a prayer that she may be released on bail in case crime No. 71 of 2013, under section 302 IPC, P.S. Mandhata, District Pratapgarh. The facts in brief of this case are that FIR has been lodged by Smt. Rekha Sing on 23.3.2013 at 3.10 P.M. in respect of the incident allegedly occurred on 22.3.2013 at about 2.00 P.M. alleging there in that on 22.3.2013 at 2.00 P.M. A telephonic message was given by her Nanad Smt. Nisha Singh that she was surrounded by the accused Rajendra Bahadur Singh, Shesh Pratap Singh, Smt. Manfoola Singh and Smt. Kiran Singh with intention to commit her murder. On that information the first first informant left her house and came to the house of Smt. Nisha Singh where she saw the dead body of Smt. Nisha Singh lying in a burnt condition which was surrounded by the crowd, she dialled the ambulance sewa No. 108, on that the ambulance came there and through the ambulance she was taken to a hospital of Pratapgarh. On way to hospital, it was told by Smt. Nisha that on account of the dispute over a wall, the accused was fallen forcibly by Shesh Pratap Singh and Kiran and she was over powered by them, thereafter the kerosene was poured upon her by the accused Manphoola and at the exhortation of Kiran and two other persons the co -accused Rajendra set her on fire. The deceased succumbed to her burn injury at about 6.00 A.M. On 23.3.2013 in government hospital, Allahabad. According to the post mortem examination report the deceased had sustained superficial to deep burn all over the body except right thigh anteriorly, both feet, both legs anteriorly and posteriorly12 c.m. above the angle joint. The cause of death was shock as a result of ante mortem burn injury. The dying declaration of the deceased was also recorded by the Magistrate on 23.3.2013 at 5.05 AM in which she stated that on 22.3.2013 at about 1.00 PM she was beaten by her Jeth Rajendra Bahadur Singh, Jethani Smt. Manphoola, Shesh Pratap Singh, the son of the Jeth and her Jeth's daughter -in -law Kiran Singh in the Varanda of her house, thereafter the grass was put and kerosene was poured and she was set on fire. The applicant applied for bail before Addl. Sessions Judge, Court No. 4, Pratapgarh, the same has been rejected on 22.4.2013.

(2.) IN reply of the above contention, it is submitted by learned A.G.A. that in the present in the present case the FIR has been lodged under section 302 IPC on 23.3.2013. On account of the family dispute the deceased was set on fire by the applicant and other co -accused persons after pouring kerosene. According to the FIR active role has been assigned to the applicant that she poured the kerosene oil upon her and ignition was made by co -accused Rajendra Bahadur Singh. The dying declaration of the deceased was recorded by the learned Magistrate in which she has made the allegation against the applicant and other co -accused persons that after pouring kerosene, she was set on fire. The deceased has sustained superficial to deep burn injury all over the body except right thigh, both feet, legs etc. In such circumstances, the applicant may not be released on bail.