RAM SUMIRINI Vs. STATE OF U P

JUDGEMENT

(1.) This application has been filed by the applicant Smt. Ram Sumirini with a prayer that she may be released on bail in case crime No. 268 of 2006, under sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, P.S. Barra, District Kanpur Nagar.

(2.) The prosecution story in brief is that the F.I.R. of this case has been lodged by Shiv Narain Agarwal on 4.9.2006 at about 9.45 A.M. in respect of the incident which had occurred on 3.9.2006. The applicant and three other co-accused are named in F.I.R. It is alleged that the marriage of the deceased Smt. Vibha Agarwal was solemnized with co-accused Rajesh Agarwal, the son of the applicant on 18.5.2003 but her in-laws were not satisfied with gifts given to them in the marriage and they were demanding Rs. One lac from the deceased, its information was given to the first informant by the deceased, on that information the first informant, his son and his brother-in-law Ram Gopal came to the house of the applicant and they tried their best to persuade the in-laws of the deceased. But thereafter the deceased was subjected to cruelty continuously to fulfill the demand of dowry, then the first informant arranged Rs. 25,000.00 and the same was given to the co-accused Rajesh Agarwal, but after few days the deceased was subjected to cruelty to give some more dowry. On 3.9.2006 at about 10.00 P.M. somebody gave on telephonic massage to the first informant that his daughter had died, on that information the first informant alongwith his wife came to the house of the applicant and saw the deceased has been killed by way of hanging and the nerves of her both wrists were cut down. The dead body of the deceased were lying there. Thereafter first informant went to the police station and lodged the F.I.R. According to the post mortem examination report the deceased had received multiple incised wounds on the both wrists and fore arms in area of 7 c.m. X 4 c.m. The incised wounds were superfluous too deep in nature and she had received an oblique ligature mark on the neck. The cause of death was due to asphyxia as a result of ante mortem hanging.

(3.) Heard Sri Satish Trivedi, learned Senior Advocate assisted by Sri Rahul Chaturvedi, learned counsel for the applicant, learned A.G.A. for the State of U.P. and Sri Amit Daga, learned counsel for the complainant.