PUNJAB SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard counsel for the applicant-Punjab Singh and the learned A.G.A. for the State.

(2.) The submission of the counsel is that the post-mortem report of the dead body of the deceased is not very conclusive on the point that the burns found on the dead body of the deceased were post-mortem in nature as the place where the injuries have been found described, is the place where normally injuries are described under the heading 'ante-mortem'. However submission is that there are no symptoms noted which may indicate the nature of the injury to be post-mortem. Further submission is that the applicant had also purchased some property in the name of his wife and the husband had also deposited Rs.1000/- per month in a recurring deposit in the name of his wife that would go to show that the applicant would not have been demanding any dowry as has been alleged. It was lastly pointed out that the co-accused father-in-law and mother-in-law both have been released on bail.

(3.) Learned A.G.A. opposed the prayer for bail by submitting that there is sufficient evidence disclosed by the version of the first informant given in the F.I.R. and also in the other statements recorded by the Investigating Officer that despite sufficient gifts given at the time of marriage, the applicant-accused as well as his family members were not satisfied with it and that had resulted into gross ill-treatment of the deceased, which was meted out to her. It was in this background that it was insisted upon by the accused side that a plot should be given by her father otherwise the deceased would be killed. It was also pointed out that there is evidence and in the first information report itself, it has been stated that the first informant somehow managed a plot and gave it to the applicant and also managed a rented house for him in which the applicant and his wife were residing at the time of the incident. It was also insisted upon by the accused's side that the first informant should also manage to construct a house on that plot otherwise his daughter would be eliminated and it was in this background that the deceased was done to death in her house. Counsel has drawn the attention of the Court to the post-mortem report in which it is clearly mentioned that the tongue was found protruding outside and it has been categorically mentioned by the Doctor that the burns present on the dead body were of post-mortem nature. Equally important is the finding of the Doctor that the deceased died as a result of asphyxia.