YASHODA ALIAS JASODA Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. Applicant Yashoda alias Jasoda, wife of Shri Jai Prakash has filed this bail application in case crime No. 49 of 2006, under Sections 304-B, 498-A and 201 IPC, P. S. Rabupura, District Gautam Budh Nagar.

(2.) THE prosecution case in brief is that the deceased Guria alias Sanjana alongwith her sister Geeta were married to the two real brothers Anil Bhati and Sunil Bhati, both sons of Jai Prakash, r/o village Mirzapur, P. S. Rabupura, District Gautam Budh Nagar on 11-5-2005. In the marriage dowry was given by the informant Ram Prakash to the best of his economic availability. However, after the marriage both the sons-in-law Anil and Sunil, father-in-law Jai Prakash and the applicant Yashoda alias Jasoda demanded two motorcycles and two golden chains. THE informant showed his inability in fulfilling the said demand. On 17-4-2006, an unknown person informed the informant at 8. 45 a. m. on telephone that Guria alias Sanjana had been murdered. THE informant Ram Prakash alongwith his family members reached the in- law's house at 1. 30 p. m. at village Mirzapur P. S. Rabupura, District Gautam Budh Nagar, where they were informed by Geeta who was present on the spot, that on 16-4-2006 at 10. 30 in the night Sunil, his father Jai Prakash and Yashoda alias Jasoda strangulated the deceased Guria alias Sanjana to death and then cremated her body in a hurried manner. THE informant lodged the FIR regarding murder of his daughter at Police Station Rabupura, District Gautam Budh Nagar on 17-4-2006 at 9. 30 p. m. , after covering a distance of 4 km. THE statement of Smt. Geeta, recorded under Section 161 Cr. P. C. by the I. O. (Annexure 3 to this bail application), indicates that she was an eye-witness of the whole incident and according to her statement the deceased was assaulted with sleeper and with the blunt portion of 'phooljhadu' for unfulfilled demand of two motorcycles and two golden chains, which the deceased had not brought while returning from her parental house. At the date and time of the incident, the applicant, who is the mother-in-law, had pressed the legs of the deceased, her father-in-law Jai Prakash had caught hold of her hands and husband Sunil had throttled her to death. Geeta was closed in a room and was threatened to be murdered if hue and cry was raised by her. On the following day at 9 a. m. accused cremated the dead-body of Guria alias Sanjana. After accused persons left the spot, some body opened the door of the room where Geeta was closed and then she came out.

(3.) LEARNED AGA on the other hand contended that there is an eye-witness account of the incident narrated by Geeta the real sister of the deceased. He further submitted that there was no reason for Smt. Geeta to falsely implicate the applicant, if she did not participate in the incident. He further submitted that there was no reason for the accused persons to cremate the dead-body of the deceased if they were innocent specially when Geeta, the real sister of the deceased, was married in the same house to another brother.