NITYANAND VISHWAS Vs. STATE OF U P

JUDGEMENT

(1.) The facts disclosed in this bail application have so shocked me that I am constrained to pass a detailed order whiie rejected it. The First Information Report (translated in English) reads as follows : The Station Officer, P.S. Madhotadan Distt. Pilibhit Dated : 25-5-92, 9.40 a.m. Sir, My daughter Smt. Maina was married about 6 months back to Nityanand Biswas s/o Pachanan Biswas who belongs to my own village. A few days ago my son-in-law Nityanand became suspicious of my daughter's character about which he complained to me. On 25-5-92 my son-in-law Nityanand killed my daughter and buried her near a Khatiya, and told us that she had run away somewhere. We searched for our daughter. On the evening of 28.5.92 a certain smell made us suspicious, and when the people of the village dug the ground the body of my daughter was found. Since it was night I could not come then to lodge this report. Smt. Savita w/o Puranchand Mandal, r/o Bhujia Khurd Madhotandan, Pilibhit, The post mortem report discloses the following ante mortem injuries : 1. Diffuse communited fracture of left side frontal bone and fracture occipital bone also fracture along injury. Lacerated wound 10 cm X 8 cm x bone deep on left side of forehead.

(2.) Lacerated wound 6 cmx4 cm on left side of cheek with fracture of left jaw. The approximate time since death mentioned in the post mortem report is 3 to 5 days. 2. In the bail rejection order passed by the learned Sessions Judge it is mentioned that during the police investigation the recovery of the murder weapn was made at the pointing out of the accused.

(3.) I do not wish to prejudge the trial, but I am constrained to say that I have been horrified by these disclosed facts. The head of the deceased was literally battered by the murderer. It seems that crimes against women have spurted up in recent years, and the time has now come when a clear message must be sent to these feudal minded men who think they can ill-treat or kill their wives and get away with it that they are in for serious trouble at the hands of the law.