BALE SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Accused-applicant Smt. Bale Sharma is involved in Case Crime No. 512 of 1992, under section 304-B I.P.C. P.C. Kotwali, Meerut. Victim Smt. Anita Sharma was married to Amit Sharma about 3 years prior to the alleged incident. At the time of the occurrence victim Smt. Anita Sharma was living with her husband and parent-in- laws. The First Information Report was lodged by Sanjay Sharma on 28.10.1992 wherein the facts have been narrated that on receiving information through telephone regarding illness of Smt. Anita Sharma the mother and the younger brother of the reporter reached the in-laws house of Smt. Anita Sharma and found her dead, It has also been mentioned that there was legature mark on her neck and body. It is also mentioned specifically that earlier also Smt. Anita Sharma had informed her family members that her in-laws used to beat her on account of less dowry and that once a letter was also sent by Amit Sharma, husband of Smt. Anita Sharma, demanding dowry.

(2.) I have heard learned counsel for the applicant and also the learned AddI. Govt. Advocate, Learned counsel for the applicant has argued that the applicant is an old lady and that the medical report also does not go to support the case of the prosecution. It was further argued that the cause of death is not mentioned in the post mortem report and that it is noted there in that the cause of death could not be ascertained, hence viscera preserved. It was also argued that the applicant, who is the mother-in-law of the deceased was not in the house at the relevant time and had gone to serve meal to her husband in his Tea stall. There is no dispute that deceased Smt. Anita Sharma was married to Amit Sharma only three years prior to the occurrence and that she had died in the house of the applicant receiving certain injuries on her body. The post-mortem examination report goes to show that there was legature mark on the upper part of her neck and also a contusion on left cheek. The death of Smt. Anita Sharma was obviously an unnatural death as is apparent from the post-mortem report. Before the lower court during the course of arguments on the bail application of the applicant, an attempt was made on behalf of the applicant to show that some one had entered in to the house of the applicant in their absence and caused death of Smt. Anita Sharma in suspicious manner, Whatever may be the reason for the death, but it is a fact that she died unnatural death inside the house of her-in-laws. There is also evidence of demand of dowry by a letter dated 12/6/1990 written by Amit Sharma, husband of the deceased. In that letter demand of fridge, cooler and cash etc. has been made. Under section U3-B of the Indian Evidence act when the question is whether a person his committed the dowry death of a women and it is shown that soon before her death such women had been subjected by such person to cruelly or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death.

(3.) In tile present case no explanation has come forth from the applicant or other members or inlaw Ts regarding the unnatural death of Smt. Anita Sharma, Thus at this stage, the arguments which have been advanced in defence cannot be considered and the same can be considered and explained at the stage of trial in the light of the evidence.