MAHENDRA PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicant Mahendra Pal Singh with a prayer that he may be released on bail in Case Crime No. 224 of 2006, under Sections 302, I.P.C., P.S. Chakeri, district Kanpur Nagar.

(2.) THE prosecution story, in brief, is that the F.I.R. of this case has been lodged by one Virendra Singh on 15.5.2006 at 6.30 a.m. in respect of the incident which had occurred on 14/15.5.2006. THE F.I.R. was lodged against the applicant alleging therein that the marriage of the deceased was solemnized with the applicant on 20.5.1996. At the time of the marriage gifts and other articles were given as per capacity of the father of the deceased. THE applicant being the man of greedy and litigious (jhagralu) nature, that is why, he could not maintain good relations in his family also. After the marriage of the deceased no issue was born from the wedlock of the applicant that is why the applicant was developing pressure to perform his second marriage and he was doing marpeet with the deceased. Many times the first informant pacified the dispute and gave money, as the applicant had demanded. About 20 days prior the alleged incident there had been a dispute between the deceased and the applicant. THE same was pacified by the applicant, but in the night of 14/15.5.2006, the applicant committed the murder of the deceased by way of throttling her neck. On such information the first informant came at the place of occurrence, saw the dead body and lodged the F.I.R. According to post mortem examination report the cause of death was as a result of asphyxia due to ante-mortem throttling.

(3.) IN reply of the above contention the learned A.G.A. and the learned counsel for the complainant submit that the applicant is the husband of the deceased. The cause of death is throttling. The applicant was having a strong motive to commit the alleged offence. The allegation of robbery is absolutely false. The prosecution story is fully corroborated by medical evidence and during investigation the evidence has been collected to show that the applicant used to quarrel with the deceased. The statements of the witnesses Rajesh Kumar, Virendra Singh and Brijesh Kumar have been recorded by the INvestigating Officer under Section 161, Cr. P.C. who supported the prosecution story. The applicant is main accused; therefore, he may not be released on bail.