SHAMBHU PRASAD DUBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) PRAYER for bail in this bail application has been made on behalf of the applicant Sambhu Prasad Dubey, who is facing trial in S.T. No. 204 of 2007 arising out of Case Crime No. 113 of 2007 under section 302 I.P.C., PS. Hallia, District Mirzapur.

(2.) AN FIR was lodged on 2.6.2007 by Shiv Chandra Dubey son of Lalmani Dubey at P.S. Hallia (Mirzapur), where a case un­der section 307 I.P.C was registered at Case Crime No. 113 of 2007 against Shambhu Prasad Dubey (applicant herein). The alle­gations made in the FIR, in brief, are that on 2.6.2007 at about 6:00 a.m., the accused Shambhu Prasad Dubey son of Lalmani Dubey after pouring kerosene oil on Smt. Vandana Tiwari, (Chachiya saas of the complainant), set her on fire, due to which she was seriously injured. This incident was witnesses by the children of Smt. Van­dana Tiwari and many neighbours, who came on hearing the cry of children and extinguished the fire. Smt. Vandana Tiwari in injured condition was admitted in the hospital, where she succumbed to the inju­ries. Hence, the case was converted under section 302 I.P.C.

(3.) THE first and foremost submission made by learned Counsel for the applicant was that no reliance can be placed on the dy­ing declaration of deceased, as certificate of doctor about mental fitness of deceased was not obtained by the Magistrate concerned before recording the dying declaration. For this submission reliance has been placed on Satish Kumar v. State of Punjab, 2003 (46) ACC 356 (SC) Chacko v. State of Kerala, 2002 (Suppl.) ACC 254 (SC) and Amol Singh v. State of M.P., 2008 (62) ACC 297 (SC) = 2008 (67) AIC 209 (SC).