NARENDRA SINGH GANGWAR Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicant Narendra Singh Gangwar with the prayer that he may be released on bail in Case Crime No. 165 of 2006 under Sections 302 and 328, I.P.C. P.S. Bilsanda, district Pilibhit.

(2.) THAT the prosecution story in brief is that the F.I.R. of this case has been lodged by Nagendra Singh Gangwar at P.S. Bilsanda on 8.3.2006 at 6.10 p.m. in respect of the incident which had occurred in the night of 3/4.3.2006. The F.I.R. was lodged against the applicant and two unknown miscreants alleging therein that the marriage of the deceased Smt. Jai Lalita Gangwar, daughter of the first informant, was solemnized with the applicant about 9 years prior the alleged occurrence but the applicant has developed illicit relation with some other woman due to which he was hating the deceased and she was subjected to marpeet by him. In a planned manner the applicant forcibly administered poison to the deceased in the night of 3/4.3.2006 and the poison was administered to her and her children Km. Kamini aged about 8 years and Mayank aged about 4 years consequently, they died in Ravi Khanna Hospital, Bareilly on 4.3.2006. The deceased Smt. Jai Lalita Gangwar brought to the house of Sri Chheda Lal Gangwar situated at Ram Nagar Colony Bisalpur by the applicant and one unknown person on 4.3.2006 at 8.45 a.m. by a motorcycle and leaving the deceased they fled away by the same motorcycle. Thereafter she was admitted in P.H.C. Bisalpur by Chheda Lal from where she was referred to Bareilly where she was admitted in Siddhi Vinayak Hospital on 4.3.2006. Her statement has been recorded by the City Magistrate, Bareilly, on 5.3.2006. Thereafter, she died in the hospital on 6.3.2006 at 2.45 p.m. Thereafter, the F.I.R. of this case has been lodged on 8.3.2006. According to the medical examination report of the deceased Jai Lalita Gangwar she was brought to the hospital by Rajeshwar Prasad. According to the medical examination report she was brought to P.H.C., Bisalpur by Rajeshwar Prasad, her brother on 4.3.2006 at 8.00 a.m. According to the opinion of the doctor she was conscious. Abraded contusion 4 cm. x 2 cm. and dorsal of left hand 1 cm. above left wrist joint was found and the patient was suspected to have consumed some poisonous material. Therefore, she was referred to District Hospital, Pilibhit. According to the post mortem examination reports the cause of death could not be ascertained, hence viscera was preserved.

(3.) IT is contended by the learned counsel for the applicant :