SHIV PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) V. S. Tripathi, J. Smt. Bhoori deceased sustained burn injuries on 3-6-1999. She was admitted in Community Health Centre, Ghatampur and was medi cally examined on 4-6-1999 at 7. 15 a. m. Superficial to deep burn injuries on whole of the body (100% burn) with kerosene oil smell were present on her person. Her dying declaration was recorded on 4-6-1999 at 7. 40 a. m. by A. C. M. 1st, Kanpur Nagar, in which she stated that she was burn by Shiv Prasad out of quarrel and her husband was not present at the time of occurrence. That she was burn in the night of Thursday Le. 3-6-1999. On 6-6-1999 at 5. 05 p. m. Kailash s/o the deceased lodged report at police station Ghatampur that on the evening of 3-6-1999 at about 4. 00 p. m. altercation took place between him and Santosh, Shiv Prasad, Brijesh and Smt. Pan Kumari on taking water on hand-pump. They chased to cause injury on him. He ran away. His mother Smt. Bhoori came on the spot. The above persons caught her hold and sprinkled kerosene oil and set her at fire. She died during treatment.

(2.) DURING investigation Malti Devi Pradhan of the village and sister-in-law (husband's sister of deceased) disclosed that on 3-6-1999 altercation took place between Sanjay and Shiv Prasad. Bhoori Devi intervened and Shiv Prasad caused injury on her. Police Constables of patrol duty were called and they directed to lodge report. Bhoori Devi bolted doors of her house saying that she would implicated Shiv Prasad by killing herself. The Con stables were again informed. They came at the house of the deceased and called her out of the house and pacified her.-But in the night at about 1. 00 a. m. Bhoori Devi set at fire on herself. She was taken to hospital, where she died. Ram Khelawan, Badalu, Constable Vijay Bahadur Singh, Smt. Shyam Kali mother-in-lawn of the deceased also disclosed the same story before Investigating Officer. They further disclosed that Kalian husband of the deceased tried to extinguished fire and got burn injury on his hands.

(3.) WITHOUT expressing any opinion regarding merit of the case, considering the facts and circumstances mentioned above, let the accused-applicant Shiv Prasad involved in case crime No. 271 of 1999, P. S. Ghatampur, district-Kanpur Dehat, under Sections 302, 352 and 506, I. P. C. be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Kanpur Dehat. Bailgranted. .