MANOJ KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicant Manoj Kumar with a prayer that he may be released on bail in Case Crime No. 167 of 1997, under Sections 304B and 201, I.P.C, P.S. Parikshitgarh, district Meerut.

(2.) THE prosecution story, in brief, is that the F.I.R. has been lodged by Sri Braj Bhushan Sharma at P.S. Parikshitgarh, on 21.9.1997 at 10.35 p.m. in respect of the incident which had occurred in the night of 26/27.8.1997. THE F.I.R. was lodged against the applicant and 5 other co-accused persons alleging therein that the marriage of the deceased Smt. Suman alias Krishna was solemnized with the applicant on 11.6.1997. THE in-laws of the deceased were not satisfied and they were demanding colour T.V., refrigerator, washing machine and a sum of Rs. 21,000 and to fulfil the demand of the dowry they were committing cruelty with the deceased. THE efforts were made to persuade the in-laws of the deceased for not committing the cruelty and such assurance was also given by them, even then the in-laws were subjecting the deceased to cruelty on 19.9.1997, the first informant received a letter sent by the deceased in which it was mentioned that the in-laws were beating the deceased and they were planning to commit her murder, in case the demand of dowry is not fulfilled. After reading that letter the first informant and some other persons came at the house of the applicant and enquired about the deceased, but no satisfactory reply was given by the in-laws of the deceased, then the first informant and others came to know that the deceased has been murdered in the night of 26/27.8.1997, thereafter, the cremation of the dead body has been done. THE first informant and others expressed their displeasure then they were asked by the applicant and others and they were attacked by the applicant and others also, thereafter, the F.I.R. of this case has been lodged.

(3.) IN reply of the above contention the learned A.G.A. and the learned counsel for the complainant submit that the death of the deceased was unnatural. She was beaten by the in-laws. The deceased died within 7 years of her marriage. There was demand of dowry and she was subjecting to cruelty to fulfil the same and there had been panchayat in respect of demand of dowry and committing the cruelty with the deceased. The deceased had been murdered by the applicant and other co-accused persons and without giving any information to the first informant and his family members the cremation of the dead body was done. After receiving the letter written by the deceased first time on 29.9.1997 the first informant came to know that the applicant and other co-accused persons were committing the cruelty with the deceased and she has also expressed that there was apprehension of danger of her life. This letter was written on 26.8.1997 and in the same night she was killed by the applicant and other co-accused persons. IN the present case the fair investigation was not done by the INvestigating Officer and without doing fair investigation the final report has been submitted and the same was rejected by the C.J.M. and there is no evidence to show that the death of the deceased was natural or accidental and the first informant was not having any relations of resolution of condolence passed by the college and he had not participated in any condolence meeting. The applicant being the husband of the deceased is main accused, therefore, he may not be released on bail.