NAND KISHORE Vs. STATE OF U P

JUDGEMENT

(1.) N. B. Asthana, J. The applicant in bail application No. 18926 is the younger brother of the husband of the deceased. The applicant in bail application No. 18927 is the matter of the husband of the deceased. Admit tedly there is no dispute that the deceased was married on 22-2-1991 with Raj Kishore s/o Kuber Sahu. It has also not been disputed that she died as a result of burn injuries in the night of 21/22-6-1993. The father-in- law of the deceased is said to have sent information to the father of the deceased. He came to qasba Baberu, Banda. Where the deceased was married and then lodged the F. I. R. of this incident on the same day at 5. 30 p. m. In short the allegations in the F. I. R. are that the first informant could not be satisfied the demand of dowry as a result of which the deceased was done to death. One of the grounds on which the first bail application was rejected was that the defence of the applicant was wavering. In the committing court it was argued that deceased died due to burn injuries which she received while making food on the stove. In the Sessions Court the defence was that the husband of the deceased was important as a result of which she committed suicide. It has been argued that this incident was reported by father-in-law of the deceased at the police station in which he clearly stated that she committed suicide. It has been argued that a very junior lawyer was engaged in the Court of Chief Judicial Magistrate as the bail application in such cases are normally rejected by the C. J. M. and the junior lawyer could not place the case of the applicant correctly. Nothing has been placed on the record to indi cate that a very junior lawyer was engaged to move the bail application in the Court of C. J. M. but from the information sent by the father-in-law of the deceased to the police station. It is clear that the defence of the applicants was that she committed suicide. I think in the circumstances the wavering defence taken on behalf of the applicants cannot be taken adversely against

(2.) FROM the material available on record it has to be seen prima facie as to whether it was a case of suicide or dowry death. It has been argued for the applicants that from the allegations made in the F. I. R. it would appear that only a sum of Rs. 1000 or so is alleged to be the dowry demand and that no normal person would have committed the murder of her daughter-in-law for this small sum. A close perusal of the F. I. R. would indicate that the father-in-law of the deceased was on demanding Rs. 1000 in cash and the fare charges of two tractors. The marriage party was taken in two Jeeps and two tractors. The first informant had no son. He had two daughters. The first was married to Raj Kishore while the other was unmarried. In the F. I. R. it has also been stated that the father-in-law and the mother-in-law of the deceased told the deceased several times that her father is squandering his property upon his nephews and that she should get gold ornaments from her father and also some land in her name and in case she did not do so she would not remain above and would be tarted. It would thus follow that the demand was also with respect to gold ornaments and land.

(3.) IT has further been alleged that the husband of the deceased was about 16 years of age at the time of his marriage she was reading in B. Sc Part I. He remained away from the deceased and was being treated for impotency. He was a regular student at Banda and used to reside there. He used to come rarely to Banda to meet the deceased and since she remained unsatisfied with her husband it was another big reason for her committing suicide. Two prescriptions have been filed which were referred to during arguments. The one is dated 19-11-93 while the other appears to be dated 9-12-93. This date is not very clear. However these prescriptions are of Dr. Malkhan Singh, Surgeon Project Hospital Kasimpur, Aligarh. This place is at a far off distance from Banda. IT had not been explained during arguments as to why the husband of the deceased had to go Kasimpur, Aligarh for treatment. Dr. Malkhan Singh has described himself as a Surgeon and not a Sex Specialist, competent Doctors are available at Allahabad and also at Lucknow. On behalf of the applicants photostat copy of the admit card of the husband of the deceased bearing his photo has been filed. From this photo he does not appear to be lean and thin person so that he was not in a position to satisfy his wife.