LAWS(ALL)-2007-3-46

SANDEEP SHARMA Vs. STATE OF U P

Decided On March 21, 2007
SANDEEP SHARMA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) -The first bail application of the applicant has been rejected in absence of learned counsel for the applicant.

(2.) THIS is the second bail application moved on behalf of applicant Sandeep Sharma, son of Ramesh Chandra Sharma in Case Crime No. 498/2005, under Sections 498A and 304B, I.P.C. and Section 3/4 D.P. Act, P.S. Naubasta, district Kanpur Nagar.

(3.) LEARNED A.G.A, has opposed the prayer for bail by submitting that sufficient evidence are available on record against the applicant for committing offence of dowry death. The marriage in between the applicant Sandeep Sharma and deceased Sharda Devi was solemnized on 15.11.2002 and she died at the house of applicant on 22.12.2005, in the night. The cause of death of deceased has been shown in the post mortem report as asphyxia as a result of ante-mortem hanging. It also comes within the purview of unnatural death in dowry death case. It is not certain whether she committed suicide or she was killed. Both conditions come within the purview of unnatural death. Therefore, she died of unnatural death at the house of present applicant, husband and custodian of deceased within seven years of her marriage.