ALI WARIS Vs. STATE OF U P

JUDGEMENT

(1.) THIS is the first bail application moved on behalf of the applicant, Ali Waris son of Suleman in Case Crime No. 966 of 2006 under Sections 304 -B and 498 -A, IPC and Sections 3/4 of D.P. Act police station Bachraun District J.P. Nagar.

(2.) HEARD learned Counsel for the applicant and learned A.G.A. and perused the record.

(3.) ON the other hand, it is submitted that this is a case of dowry death and supported to the post -mortem report of the deceased. There is no dispute that the marriage (Nikah) was solemnized about three years ago in between the applicant and Kulsum (deceased). She died due to 90 per cent burn injury at the house of the applicant who is the husband and custodian of the deceased on 23/24 -10 -2006. It is immaterial whether she committed suicide or was killed by the applicant by setting her on fire. Therefore, it is liable to be deemed that she has died unnatural death due to burn injuries within 7 years of her marriage at the house of her husband.