DILIP CHANDRA VERMA Vs. STATE OF U P

JUDGEMENT

(1.) This application has been filed by the applicant Dilip Chandra Verma with a prayer that he may be released on bail in ease erime No. 312 of 2005 under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act P.S. Kidwai Nagar district Kanpur Nagar.

(2.) The prosecution story in brief is that the F.I.R. of this case has been lodged by Satya Prakash Singh at P.S. Kidwai Nagar on 11.9.2005 at about 6.45 p.m. in respect of the incident which had occurred on 11.9.2005 at about 11.30 a.m., the F.I.R. was lodged against the applicant and three other co-accused persons. The applicant is the husband of the deceased Smt, Deepti Verma. It is alleged that the marriage of the deceased was performed with the applicant on 21.4.2001, a sum of Rs. 10 lack was spent in the marriage, a Maturi 800, Fridge. T.V. Cooler and Rs. 5 lack in cash and other articles were given in the dowry. But after the marriage the applicant and other co-accused persons raised the demand of Rs. 5 lac. To fulfill the demand of dowry the deceased was beaten by them and she was subject to cruelty, even proper food was not provided to her and they used to lock her in room. The first informant and other family members repeatedly requested the applicant and other but the applicant and other co-accused persons did not change (heir behavior then Dr. Devender Singh, brother of the deceased paid Rs. 2 lac through Bank draft. Thereafter, the deceased was kept by the applicant and Ors. peacefully for a short time but they again started harassing her, on 11.9.2005 at about 11.30 a.m. through Guddu Doshi, a tenant of the applicant, who gave a telephonic massage to the first informant that the deceased has committed suicide by way of hanging, on that information, the first informant reached at the house of the applicant at about 5'p.m. and saw the dead body of the deceased lying in Varanda. It is alleged that the deceased has been murdered by the applicant and other due to non fulfillment of the demand of Rs. 5 kick. The F.I.R, was lodged by the first informant at the police station. Thereafter inquest report was prepared on 11.9.2005 since 7.50 p.m. to 8.45 p.m., thereafter the post mortem was conducted on 12.9.2005, as per post mortem examination report the cause of death was Asphyxia as a result of handing.

(3.) Heard Sri Gopal Chaturvedi, Senior Advocate, assisted by Samit Gopal, learned Counsel for the applicant and the learned A.G.A. for the State of U.P. and Sri Dinesh Kumar Rai, learned Counsel for the complainant.