AKHAND PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. Heard Sri J. S. Sengar and Sri Ajit Kumar Singh Solanki learned Counsel for the applicant, learned A. G. A. for the State of U. P. and Sri Satish Trivedi, Senior Advocate, assisted by Sri Sailendra Singh learned Counsel for the complainant.

(2.) IT is contended by the learned Counsel for the applicant that the applicant is the husband of the deceased. IT is alleged that the marriage was solemnized with the deceased on 9-5-2004, thereafter, the demand of dowry was raised by the applicant and other co-accused persons and to fulfill the same demand, the deceased was subjected to cruelty. Thereafter the poison was administered to her by her in laws consequently, she died. Such allegation made against the applicant and other co-accused is false and frivolous, the deceased was never subjected to cruelty to fulfill the demand of dowry and no poison has been administered to her by the applicant and other co-accused persons because according to the Post-mortem Examination Report no ante- mortem injury was found on her person, the cause of death could not be ascertained, hence viscera was preserved. The viscera report has been received in which no poison was found, the death was natural, it was not unnatural, its proper information was given to the first informant and others and she was admitted in District Hospital Sant Kabir Nagar for treatment from where she was referred to Gorakhpur but she died in the way. The applicant is innocent and he has not committed the alleged offence.

(3.) CONSIDERING the facts, circumstances of the case and viscera report dated 16-12-2005 in which no poison was found, submission made by the learned Counsel for the applicant the learned A. G. A. and the learned Counsel for the complainant, and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.