SHASHI GOYAL Vs. STATE O

JUDGEMENT

(1.) RAVINDRA Singh, J. This bail application has been filed by the applicant Smt. Shashi Goyal with a prayer that she may be released on bail in case crime No. 464 of 2006 under sections 498-A, 304-B IPC and 3/4 D. P. Act, P. S. Kotwali Nagar, District Bulandshahr.

(2.) THE facts in brief of this case are that the FIR has been lodged by Dr. Manik Chand Singhal on 16. 6. 2006 at about 8. 30 P. M. in 'respect of the incident which had occurred on 15. 6. 2006 at about 3. 00 P. M. at Goyal Nursing Home, K. P. Road, Bulandshahr. THE FIR was lodged under sections 498-A, 120-B, 307, 323 IPC and 3/4 D. P. Act. But after the death of the deceased the case was converted under sections 498-A, 304-B IPC and 3/4 D. P. Act. It is alleged that the marriage of the deceased was solemnized with co-accused Mudit, the son of the applicant on 1. 6. 2002. In the marriage the first informant had bear the expenses of about eight lacs but in-laws of the deceased including the applicant were not satisfied and their demand was of Honda City car for which they were pressuring the deceased to bring the money from the first informant. THE deceased was subjected to cruelty by her in-laws to fulfil the above mentioned demand of dowry, for the same purpose the first informant has paid the amount of Rs. One lac and fifty thousand by way of draft to co-accused Mudit Goyal, husband of the deceased and for payment of rest of the amount, the first informant given an assurance. On 15. 6. 2006 at about 10. 30 A. M. the first informant received the telephonic message that co-accused Mudit had purchased the Honda City car worth Rs. Seven lacs and for payment of remaining money the in-laws were subjecting the deceased to cruelty. At about 7. 00 P. M. on the same day the first informant received a telephonic message that the deceased has sustained 40% burn injuries and she was being taken to Apolo Hospital, Delhi for the treatment. On that information the first informant along with his sons Dr. Mohan and Dr. Manish and wife Rekha were reached at Apolo Hospital but in-laws of the deceased were not available there, on search they were found at Sunflage, Hospital, Faridabad and found the deceased in a serious condition having 90% burn injuries. She disclosed that in furtherance of a conspiracy she was caught hold by co-accused Mudit, the co-accused Smt. Shalini poured the kerosene oil on her person, thereafter she was set on fire by the applicant at 3. 00 P. M. THE deceased made hue and cry but nobody came in her rescue and no medical treatment was provided immediately thereafter. THE deceased was taken to the Delhi at about 8. 00 P. M. Considering the seriousness of the deceased the first informant who is also a doctor brought the deceased to Singhal Nursing Home, Agra where her treatment was going on. According to the medical examination report the deceased had sustained burn injuries and she died on 26. 6. 2006 at 12. 20 P. M. THE cause of death was due to septicemia as a result of ante-mortem burn injuries. THE dying declaration of the deceased was also recorded by the learned Magistrate concerned on 17. 6. 2006, in which she specifically stated that she was caught hold by her husband Mudit, her Jethani Smt. Shalini Goyal poured the kerosene oil on her person thereafter she was set on fire by the applicant. At that time the brother of the applicant namely Anju was also present there and she categorically stated that her in-laws were demanding the total cost of the Honda City car. THE applicant applied for bail before learned Special Judge/addl. Sessions Judge, Bulandshahr who rejected the same on 1. 10. 2007, being aggrieved from the order dated 1. 10. 2007 the applicant has moved the present bail application.

(3.) IN reply of the above contention, it is contended by learned A. G. A. and learned Counsel for the complainant that the deceased was a doctor, there was a demand of dowry even on the day of the alleged incident the deceased was subjected to cruelty to fulfil the, demand of dowry because the in-laws of the deceased were demanding a Honda City car for which the first informant had paid the rupees of one lac and fifty thousand through three draft dated 1. 5. 2006, that money was used in purchasing the car. For rest of the amount the deceased was put up on harassment. Ultimately she was put on fire by the applicant and other co-accused persons. There is dying declaration of the deceased which were recorded on the next day of the alleged incident. The dying declaration of the deceased was recorded by the learned Magistrate concerned in which it has been specifically alleged by the deceased that she was caught hold by her husband Mudit Goyal, her Jethani co-accued Smt. Shalini Goyal poured the kerosene oil on her person thereafter she was set on fire by the applicant. There was no opportunity for tutored dying declaration. According to the post-mortem examination report the deceased had sustained 90% burn injury. The husband of the deceased also sustained burn injuries because at the time of commission of the alleged incident he was caught hold by the deceased and the same were caused when the deceased in a burning condition had tried to save her life by catching her husband because the nature of the burn injuries sustained by the husband of the deceased shows that none of the injury was on his palms. The nature of the injuries shows that he had sustained such injuries when he was caught hold by the deceased in a burning condition. The marriage of the deceased was solemnized on 1. 6. 2002 and she had sustained injury on 15. 6. 2006 due to those burn injuries she died on 26. 6. 2006. The death of the deceased was unnatural which had occurred within seven years of her marriage and there is allegation that there was demand of rupees and prior the alleged incident she was subjected to cruelty. Its information was given by her to the first informant, Therefore, the applicant may not be released on bail.