AMIT MISRA Vs. STATE OF U P

JUDGEMENT

(1.) K. S. Rakhra, J. Heard.

(2.) IT is alleged that the applicant has caused the death of his wife within one year of the marriage. The incident took place in the night of 12/13-8-2003 at the house of the husband-applicant. Four persons were named in the F. I. R. which was lodged on 26-8-2003. IT was alleged therein that the accused persons is husband, his brother, his mother and father had set the victim to fire. The death took place on 25/26-8-2003. The learned counsel has argued that the applicant alongwith his Sala had rushed to the hospital and his fact was recorded in the bed-head ticket of the victim, a copy of which has been filed. The learned counsel has further drawn the attention of the Court to the endorsement dated 22-8- 2003 in the bed-head ticket wherein it was mentioned that the patient had absconded from the hospital. A dying declaration of the victim was allegedly recorded on 16-8-2003, wherein she had alleged that the husband used to quarrel with her ill treat and beat her as per the advice of his mother, who always instigated the husband to divorce the victim and contact the second marriage. The said dying declaration suggests that on the day of Raksha Bandhan the victim had visited her parents house and a quarrel started in presence of her brother with the applicant. She is said to have threatened that she would set herself ablazed whereafter the husband told her to do so. She then set her body on the fire.