SHYAM KALI Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicant Smt. Shyam Kali with a prayer that he may be released on bail in Case Crime No. 210 of 2006 under Sections 498A, 304B and 201, I.P.C. and Section 3/4, Dowry Prohibition Act, P.S. Puramufti, district Kaushambi.

(2.) THE prosecution story in brief is that the F.I.R. of this case has been lodged by Ram Khelawan on 19.9.2006 at about 1.30 a.m. in respect of the incident which had occurred on 17.9.2006. 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. Mala Devi was solemnized with Shiv Babu, son of the applicant in the year 2004 ; the husband of the deceased was doing tailoring work at Mumbai ; on 7.9.2006 at about 2 p.m. co-accused Sharda Prasad, father in-law of the deceased gave a telephonic message to the first informant that in the morning at about 7.00 a.m. the deceased has gone for easing purpose outside the house and since then she had not come back. On 19.9.2006 at about 7 a.m. a telephonic message was given to the first informant that the dead body of the deceased has been recovered from the Jungle. On that information the first informant and other came there and saw the dead body of the deceased lying in bushes. THE dead body of the deceased was damaged by insect etc. it was alleged that the applicant and other co-accused persons were demanding Rs. 20,000 and one colour T.V. as a dowry and to fulfill the above mentioned demand, they were subjecting the deceased to cruelty. It is alleged that the deceased was murdered by the applicant and other co-accused persons. THEreafter, the dead body was thrown in the bushes. According to the post mortem examination report, the deceased sustained ante mortem ligature mark and on her person post mortem abrasion was present. THE duration of death was five to six days old. THE post mortem examination was done on 20.9.2006.

(3.) IN reply to the above contention it is submitted by the learned A.G.A. that the deceased has been murdered within two years of her marriage, there was demand of dowry and the deceased was subjected to cruelty. Admittedly the husband of the deceased was working at Mumbai. The deceased has been murdered by way of strangulation. Thereafter, the burn injuries were caused on her person and the dead body was thrown in the jungle. The applicant is also residing in the same house. The defence taken by the applicant is belied by the post mortem examination report. According to the post mortem examination report, the deceased was murdered either on 14.9.2006 or 15.9.2006 whereas in the defence it has been said that the deceased had gone for easing on 17.9.2006. The gravity of the offence is too much. The applicant is a hale and hearty woman. Therefore, she cannot be released on bail.