BIRMA DEVI Vs. STATE

JUDGEMENT

(1.) RAVINDRA Singh, J. This application has been filed by the applicant Smt. Birma Devi with a prayer that she may be released on bail in case No. 202 of 2007 under sections 498-A, 306 I. P. C. P. S. Pilkhuwa district Ghaziabad.

(2.) THE facts of the case in brief are that the F. I. R. of this case has been lodged by Chandra Sharma on 14. 5. 2007 at 14. 30 p. m. in respect of the incident which had occurred on 13. 5. 2007 at about 8. 00 a. m. It is alleged that the marriage of the deceased Smt. Chanchal Sharma was solemnized with the co-accused Ram Kumar Sharma about 12 years prior of the alleged incident. After few months of the marriage, the deceased was being subjected to cruelty by the applicant and other co-accused persons in respect of the demand of dowry. On 13. 5. 2007 at about 8. 00 a. m. the deceased was badly beaten by the applicant and other coaccused persons, then she made hue and cry, thereafter, she was set on fire by the applicant and other coaccused persons, the deceased was taken to the hospital by the neighbours of the applicant who gave information to the first informant also, on that information he went to the hospital where the deceased died. According to the post-mortem examination report the deceased had sustained superficial to deep burn injuries over all the body except legs and foot, the percentage of the, burn injuries was about 90 per cent, the brain was congested, lungs were congested, trachea, bronchi nucosa inflamed. THE cause of death was due to dry flame thermal ante mortem burn injuries. THE applicant applied for bail before the Additional Sessions Judge/special Judge, E. C. Act Ghaz-iabad who rejected the same on 20. 6. 2007. Being aggrieved by the order dated 20. 6. 2007 the applicant has moved the present bail application.

(3.) IN reply to the above contention, it is submitted by the learned A. G. A. that the deceased was badly beaten by the applicant and other co-accused persons, when she made hue and cry and came outside the house, she was dragged by the applicant and other co-accused persons inside the house and was set by fire. The deceased tried to save her life and caught her husband, consequently, her husband also sustained injuries on the face, nose, chest, neck and outer aspect of left upper arm and posterior aspect of left hand abdomen upper arm. The nature of the injury of Ram Kumar Sharma shows that such injuries were not caused in an attempt to save the life of the body of the deceased. The postmortem examination report shows that the deceased was set on fire, neither she committed suicide nor accidentally she sustained injuries. The doctor who examined the deceased made a note on the medical examination report as told by the husband of the deceased, the nothing is that kerosene oil was fell and she was caught by fire accidentally when she was cooking into the kitchen, does not support by any other circumstances, because no kerosene oil was found and all the injuries were dry thermal burn, but without any reason the F. I. R. has been lodged under section 306 I. P. C. it would have been lodged under section 302 I. P. C. The applicant being the mother-in-law of the deceased is more responsible to look after the welfare of her daughter-in-law but she failed to do so. Active role has been assigned to the applicant also therefore she may not be released on bail. 7. Considering the facts and circumstances of the case, submissions made by the learned Counsel for the applicant and the learned A. G. A. and the learned Counsel for the complainant and without expressing any opinion on the merits of the case, the applicant is not entitled for bail. Therefore, the prayer for bail is refused. Accordingly, this application is rejected. Application Regected. .