SUSHIL KUMAR RICHHARIYA Vs. STATE OF U P

JUDGEMENT

(1.) THIS bail application has been filed by the applicant Sushil Kumar Richhariya with a prayer that he may be released on bail in case crime No. 249 of 2007 under sections 498 -A and 306 IPC, P.S. Badagaon, District Jhansi.

(2.) THE facts in brief of this case are that F.I.R. of this case has been lodged by Mahesh Kumar Tiwari on 30.4.2007 at 11.30 "A.M. In respect of the incident which had occurred on 2.4.2007. The FIR was lodged against the applicant and three other co -accused persons alleging therein that the marriage of the deceased Smt. Abhilasha was solemnized with the applicant on 30.4.1999,. But in -laws of the deceased were not satisfied with the gifts given in the marriage. They were demanding some dowry and to fulfil the same they were subjecting the deceased to the cruelty. When the first informant expressed his in ­ability to fulfil the demand, the deceased was subjected to cruelty and beaten by her in -laws at the time of delivery of her first son and he was snatched by them, its re ­port was given by the wife of the first in ­formant to S.S.P., Jhansi on 16.2.2000, thereafter the child was given to the de ­ceased, thereafter the deceased continu ­ously subjected to cruelty. On 12.1.2005 she was thrown from the roof by her in -laws consequently the bone of her hip was frac ­tured. Its treatment was provided by the first informant. The applicant was having illicit relations with a girl prior his mar ­riage with the deceased. The applicant was having his posting at Etawah as a teacher where he was having illicit relation with a girl who was also posted as teacher, they wanted to marry. On account of this con ­sideration the deceased was removed from the way she was murdered by pressing her neck and putting her on fire on 20.4.2007, prior her death she had given a telephonic information to the first informant that she was subjected to cruelty by way of beating with Danda, Benth and sue was burnt by the cigarette and prior her murder she gave telephonic massage to her mother for bringing Rs. 50,000/ - and some other arti ­cle on the eve of newly born child of her Dewar, in default she would be done to death. The deceased was taken to the medical collage, Jhansi in a burnt condi ­tion, according to the post -mortem exami ­nation report the deceased has sustained ante -mortem superficial to deep burn inju ­ries, no other injury was seen on her per ­son. The cause of death was due to shock as asphyxia due to ante -mortem injuries. The applicant applied for bail before learned Sessions Judge, Jhansi who rejected the some on 3.8.2007, being aggrieved from the order dated 3.8.2007 the present bail application has been filed by the applicant.

(3.) IT is contended by learned Counsel for the applicant that in the present case the F.I.R. was lodged under sections 498 -A and 302 IPC and 3/4 D.P. Act but during in ­vestigation the charge was altered under section 306 IPC. The applicant is husband of the deceased. It is a case of suicide, the deceased was not killed by the applicant and other co -accused persons. The de ­ceased was never subjected to cruelty be ­cause there was no demand of dowry. All the allegation made in the F.I.R. are false and concocted and there is no direct evi ­dence to show that the deceased was abet ­ted by the applicant to commit suicide. The deceased was a short tempered lady and sometimes was used to flare up even on suspicion or wrong information. The appli ­cant was not getting enough salary to maintain his wife at his service place at Etawah. The deceased was having a suspi ­cion that on account of having some illicit relation with some other woman, the appli ­cant was not keeping her at Etawah. The deceased has met an accident in which a leg was broken, she was having difficulty to move with the help of crutches also. At the time of the alleged incident the appli ­cant was not present at the place of occur ­rence that is why he was having no exact knowledge whether the deceased sustained injuries accidental or committed suicide, but after breaking the door the burnt dead body was taken from the room but she could not be saved despite the fact that she was taken to the hospital. The marriage of the deceased was solemnized more than seven years back. There is no eye -witness and from the wed lock of the applicant two children were born, both are alive. The applicant is having no criminal antecedent. He is in jail since 16.4.2007.