KALLAN YADAV Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by one Kallan Yadav with a prayer that he may be released on bail in Case Crime No. 551 of 2006 under Sections 498A, 304B and 201, I.P.C. and 3/4 D.P. Act P.S Mubarakpur district Azamgarh.

(2.) THE facts of the case in brief are that the F.I.R. of this case has been lodged by Dev Narain Yadav on 10.12.2005 at about 3.20 p.m. in respect of the incident which had occurred on 8.12.2005. THE applicant and three other co-accused persons are named in the F.I.R. It is alleged that the marriage of the deceased Smt. Savita Yadav was solemnized with the applicant five years prior to the alleged incident. It is alleged that the in-laws of the deceased were demanding one chain of gold, Rs. 20,000 and one she-buffalo and on non-fulfilment of dowry the deceased was subjected to cruelty by her in-laws. On 8.12.2005 the deceased was murdered by her in-laws and cremation of his dead body was done. On 10.12.2005 the first informant got the information, he came to the village then he saw that her house was locked. It was disclosed by the villagers that the deceased has been murdered and cremation of the dead body has been done.

(3.) IN reply of the above contention it is submitted by the learned A.G.A. that the deceased died within seven years of her marriage and the contention of the learned counsel for the applicant has been controverted by the A.G.A. by submitting that the marriage of the deceased was solemnized not prior to nine years of the alleged occurrence but it was solemnized about 6 years the prior of incident. There was demand of dowry and to fulfill the same, the deceased was subjected to cruelty. The deceased has not died due to her natural death. The medical prescription filed in support of this contention is too old and it is of 26.11.2005 whereas the deceased has been murdered on 8.12.2005 and without giving any information to the police and to the first informant, cremation of the dead body has been done by the applicant and his family members. The applicant being the husband of the deceased is the main accused and the deceased has been murdered on account of non-fulfilment of the demand of dowry.