LAWS(ALL)-2006-8-241

SANTOSH SHARMA Vs. STATE OF U P

Decided On August 21, 2006
SANTOSH SHARMA Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) THIS application has been filed by the applicant Santosh Sharma with a prayer that he may be released on bail in case crime No. 104 of 2006, under Sections 323, 498 -A, 304 -B I.P.C. and Sections 1/2 Dowry Prohibition Act, P.S. Sikandara District Agra.

(2.) THE prosecution story, in brief, is that the F.I.R. has been lodged by Shyam Sundar Baruva at P.S. Sikandara, Agra on 4 -3 -2006 at 2.30 p.m. in respect of the incident which had occurred on 4 - 3 -2006 at unknown time at the house of the applicant. The F.I.R. has been lodged against the applicant and his parents alleging therein that marriage of the deceased was solemnized with the applicant in the month of December 2001. The deceased was regularly subjected to cruelty by the applicant and other co - accused persons after her marriage. The first informant tried to pacify, the matter, but could not get any success. The applicant has suffered a loss in his business, to fulfill the same loss the applicant was demanding a sum of Rs. 2 lac from the first informant, though the first informant was unable to pay the such huge amount even then he has given a sum of Rs. 1 lac to the applicant. The applicant and his family members were not satisfied with that amount and they were subjecting the deceased to cruelty and extending the threats to kill her also. In the morning of 4 -3 -2006 the deceased has been murdered by the applicant and his parents by way of throttling and tried to give a colour of suicide. On the basis of above F.I.R. the inquest report was prepared on 4 -3 -2006 from 3.05 p.m. to 4.05 p.m. Thereafter, the post -mortem examination of the dead -body was conducted, in which it was found that the deceased has received 4 ante -mortem injuries and cause of death was asphyxia as a result of strangulation.

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