MANJU DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Prem Shanker Kushwaha, Sri Adesh Kumar Kushwaha and Smt. Archana Singh, learned counsel for the appellant and learned A.G.A.

(2.) THE appellant Manju Dubey has moved her bail application in the appeal filed against the judgement and order dated 27.09.2013 passed by learned Additional Sessions Judge, Court No. 9 Allahabad in S.T. No. 475 of 2010 whereby the appellant Smt. Manju Dubey, co -accused Shiv Bihari Dubey, co -accused Ravi Dubey and co -accused Deepak Dubey have been convicted under sections 304 -B, 498 -A IPC and section 4 D.P. Act, the maximum sentence of life imprisonment has been awarded under section 304 -B IPC with a prayer that she may be released on bail during pendency of the appeal.

(3.) HAVING heard learned counsel for the appellant, learned A.G.A. and from the perusal of the lower court record it reveals that the FIR of this case has been lodged by Smt. Nirmala Tiwari P.W. 1 on 10.6.2009 at 8.45 P.M. in respect of the incident allegedly occurred on 10.6.2009. The appellant and three other co -accused are named as accused in the FIR. The appellant is mother -in -law of the deceased. It is alleged that the marriage of the deceased Sushma was solemnized with the co -accused Ravi Kumar Dubey. On 10.6.2009 after committing the murder of the deceased the in -laws of the deceased gave the information to the first informant that the deceased was not feeling well, on that information the first informant came to the house of the appellant and saw the deceased lying out side her house. The in -laws of the deceased had demanded the money giving telephonic message to the first informant and had extended the threat of life of the deceased, in case the money was not given. According to the post mortem examination report the deceased had sustained a ligature mark all around the neck and the cause of death was due to asphyxia as a result of ante mortem strangulation. According to the deposition of P.W. 1 Smt. Nirmala Tiwari, the marriage of the deceased was solemnized with the co -accused Ravi Dubey on 31.5.2004. The in -laws of the deceased were not satisfied with the dowry given in the marriage for which they were subjecting the deceased to cruelty and according to the deposition of P.W. 2 Smt. Kaushlya the marriage of the deceased was solemnized on 31.5.2004 with the co -accused Ravi Dubey. The in -laws of the deceased were subjecting the deceased to cruelty for the dowry and according to the deposition of P.W. 3 Avinesh Tiwari also the marriage of the deceased was solemnized on 31.5.2004, the in -law of the deceased were subjecting the deceased to cruelty to fulfil the demand of dowry and according to the deposition of P.W. 4 Dr. Pankaj Srivastava the cause of death was strangulation and according to the deposition of P.W. 5 Gudiya Tiwari, the younger sister of the deceased the marriage of the deceased was solemnized with co -accused Ravi Dubey on 31.5.2004, at the time of the marriage of the deceased her father had died, thereafter the marriage was performed by her mother, she gave the dowry according to her capacity. The in -laws of the deceased were demanding Rs. One lac and a vehicle to fulfil the demand of dowry. The in -laws of the deceased were subjecting, the similar statement has been given by P.W. 6 Deepak Kumar Tiwari. It is a case in which there is general allegation has been made against the appellant and other co -accused persons. The death of the deceased has occurred within seven years of her marriage. The allegation of demand of dowry was there. The cause of death of the deceased is due to strangulation. The explanation given by the appellant that at the time of the alleged incident she was not at her house, the deceased was ailing, she was having no issue that is why she was mentally disturbed. No evidence has been adduced by the appellant to separate living. The appellant was living in the same house in which the deceased was killed by way of strangulation. No explanation has been given by the appellant and other co -accused persons as to how there was strangulation. The appellant is mother -in -law of the deceased, according to her statement recorded under section 313 Cr.P.C. she was aged about 50 years on 11.12.2012 and no evidence has been adduced by her with regard to her defence that she was not present at her house at time of the alleged incident.