RAM MILAN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicant, learned A.G.A. for the State and perused the record.

(2.) THE applicant Ram Milan is involved in Case Crime No.136 of 2013, under Sections 498 -A, 304 -B IPC and Section 3 /4 of D.P. Act, Police Station Bakshi Ka Talab, District Lucknow.

(3.) THE applicant is the husband of the deceased. It has been submitted by learned counsel for the applicant that the deceased was suffering from depression and for which, she was under treatment. In support thereof, the applicant filed medical prescriptions of dated 05.01.2013 and 07.03.2013 of Dr.S.S. Chauhan. The informant, who is the father of the deceased, was present at the time of inquest, post mortem and funeral ceremony. It is also admitted by the informant that the applicant and Hari Shanker, who is the brother -in -law of the applicant, gave information to the informant personally on 06.07.2013. Thereafter the father of the deceased and his wife proceeded to the house of the applicant and they were present till cremation of the deceased is over. After completing the cremation ceremony, the informant on the instigation of others lodged the false FIR. It has further been submitted that during the course of investigation in statement under Section 161, Cr.P.C., the witnesses tried to improve the story stating that on 05.07.2013 at about 4:00 PM Ram Milan made a phone call to the informant that a quarrel is going on in his house of the applicant and requested the informant to come soon. When the informant and his wife reached to the matrimonial house of the deceased, they found that all the accused named in the FIR including the present applicant husband were quarrelling on account of non fulfilment of demand of Rs.5 lacs. The informant made them to understand and thereafter returned back to his house at 10:30 PM in the night. Thereafter, he made a phone call at 11:00 PM to the accused applicant and found that everything is all right. He took meal and went to sleep. On 06.07.2011 at 9:00 AM the present applicant and his brother -in -law Hari Shanker came and informant that Jyoti had got burn and is admitted in Civil Hospital where the informant went to see his daughter along with other family members. She died during the course of treatment.