SIDESHWARI Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicant Sideshwari with a prayer that she may be released on bail in Case Crime No. 273 of 2006, under Sections 498A, 304B, 316 and 302, I.P.C. and Section 3/4, Dowry Prohibition Act, P.S. Kalyanpur, district Kanpur Nagar.

(2.) THE prosecution story, in brief, is that the F.I.R. has been lodged by Sri Virendra Kumar Dixit at P.S. Kalyanpur, Kanpur Nagar on 9.5.2006 at 3.30 p.m. in respect of the incident which had occurred on 9.5.2006. THE distance of the police station was about 1 km. from the alleged place of occurrence. THE F.I.R. was lodged against the applicant, the mother-in-law of the deceased, co- accused Ramesh, Rajendra, Amita and Abhishek alleging therein that the marriage of the deceased Smt. Savita alias Sonu was solemnized with co-accused Ramesh Agnihotri on 5.5.2005. THE first informant has borne the expenses amounting to Rs. 6 lac. in the marriage. After one month of the marriage the applicant and other co-accused persons were demanding a Maruti car and a gold chain having the weight of 25 grams to fulfil the abovementioned demand. THEy were subjecting the deceased to cruelty and extending the threat that in case the above mentioned demand is not fulfilled, she shall be set on fire. On the date of alleged occurrence the deceased was having pregnancy of 3 months and for 2 or 3 days she was provided no food by the applicant and other co-accused persons. On 6.5.2006, the first informant went to the house of the applicant. He was told by the deceased that her in-laws were committing cruelty with her. On 9.5.2006, a telephonic message was given to the first informant by the deceased requesting him to come at the house of the deceased, because her in-laws want to kill her by pouring the kerosene oil. THEreafter, the first informant discussed this issue with his relatives, when he was discussing the issue the S.O. of P.S. Kalyanpur gave a telephonic message that his daughter has died due to burn injuries and her dead body was lying at her in-law's house. THEreafter, the first informant alongwith his wife and other relatives went there and saw his daughter in dead condition. THE age of the deceased was about 22 years. According to the post mortem examination report the deceased had received ante-mortem injuries, i.e., lacerated wound 4 cm. x 1/2 cm. on left side scalp, lacerated wound 3 cm. x 1-1/2 cm. near the left ear on left side scalp and deceased had burn injuries all over the body, scalp hair singed, blisters present, skin peeled off at places, smell of kerosene oil was present, line of redness was present. THE deceased was having a foetus about 12 weeks and the cause of death was due to the ante-mortem burn injuries.

(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 ; thereafter, by pouring the kerosene oil she was set on fire as suggested by the post mortem examination report. The deceased has died within one year and 4 days of her marriage. There was constant demand of Maruti car and gold chain having the weight of 25 grams and to fulfil the demand of dowry the deceased was subjected to cruelty by the applicant and other co-accused persons, even she was given a threat that in case the demand of dowry is not fulfilled she will be killed by pouring the kerosene oil and setting her on fire. On the date of alleged occurrence she was subjected to cruelty, she was badly beaten, its information was given by her to the first informant and she had called her father, but immediately thereafter, by pouring the kerosene oil she was set on fire. The presence of the lacerated wounds shows that first of all she was beaten, thereafter, she was set on fire. During investigation the INvestigating Officer collected the evidence that smoke was coming out from the house of the applicant. On seeing that smoke the neighbours namely Tilak Singh, Mahraj Deen Yadav, Smt. Chandra Kali and other persons came at the place of occurrence and tried to know the cause of smoke coming out from the house, but they were told by the applicant and her husband that no incident has occurred there and the witnesses were not permitted to go at the place of occurrence, thereafter, neighbours gave the information to the police station and the first informant also. It is a case in which the deceased was subjected to cruelty to fulfil the demand of dowry soon before her death. The applicant and other co-accused persons did not make any attempt to save the life of the deceased because the medical examination report of the applicant shows that she was medically examined at P.H.C., Kalyanpur on 11.5.2006 at 2.10 p.m. She was having a superficial burn injury on the left index finger, small finger and right middle finger and the medical examination report of co-accused Ramesh shows that he had received a superficial burn injury on forehead, nose, cheek, lips and left foot. Such injuries cannot be caused at the time of extinguishing the fire, but such injuries can be caused when the deceased was set on fire. The bail application of co-accused Rajendra Kumar the father-in-law of the deceased has been rejected by another Bench of this Court on 4.7.2006 in Criminal Misc. Bail Application No. 12464 of 2006; therefore, the applicant may not be released on bail.