ASHOK KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri. I.K. Chaturvedi, learned Counsel for the applicant, learned A.G.A. for the State of U.P.

(2.) THIS application has been filed by the applicant Ashok Kumar Singh with a prayer that he may be released on bail in Case Crime No. 1599 of 2009 under Sections 498A, 306, 302, I.P.C. and Section 3/4 of D.P. Act P.S. Sumerpur district Hamirpur.

(3.) IT is contended by the learned Counsel for the applicant that in this case the wife and son of the deceased have lost their lives, the deceased Smt. Menka Devi, wife of the applicant was frustrated due to her poor health etc. first of all, she committed the murder of her child aged about 1 -1/2 years by way of strangulation, thereafter, she committed suicide by way of hanging. There was no reason for the applicant to commit the murder of his son aged about 1 -1/2 years, the prosecution itself is not sure whether the deceased Menka Devi has been murdered or she has committed suicide due to her own problem that is why the investigation under Sections 498A, 302 and 306, I.P.C. is going on, there is no evidence to show that the deceased Smt. Menka Devi was abetted by the applicant to commit the murder of her son, thereafter she committed suicide. There is no evidence to show that the deceased Smt. Menka Devi was forcibly hanged by the applicant and other co -accused persons and the murder of 1 -1/2 years child has been committed by the applicant, in such a situation the conviction of the applicant is not possible.