LALKUNWAR BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this application filed under section 439 of the CrPC, applicant Lalkunwar Bai has moved the application for grant of bail being implicated in Criminal Case No.226/2014 registered by Police Station Bhairavgarh, District Ujjain for offence under sections 302, 201,34 of the Indian Penal Code.

(2.) COUNSEL for the applicant has vehemently urged the fact that it was a case of false implication. Counsel submitted that the applicant is a lady and she has been falsely implicated by her father -in -law for the murder of her husband Kamal Anjana because there was a lot of property involved and father -in -law Bhanwar Singh wanted to deprive her of the same. Whereas the first post -mortem report clearly indicated that the death was due to cardio -respiratory failure as a result of suspected poisoning and according to the FSL report the viscera was containing imidocloprid. Then there was no reason to believe the second postmortem report, which indicated that the dead body had 29 injuries and out of which, 18 injuries were contusion of different sizes and abrasions, which could have occurred during the first post -mortem. Besides the report of Dr. D.K. Satpathy, a forensic expert, Bhopal sought by the accused, also clearly indicated that deceased Kamal died due to self poisoning and the first MLC report or the first post -mortem report did not indicate any injuries. Counsel vehemently urged that the entire case has been concocted at the instance of Bhanwar Singh, father -in -law of the applicant. Counsel submitted that Turab Ali, who was the employer of the deceased and he used to often come to the house of the applicant and also on the date of incident he helped the wife to take the deceased Kamal to the hospital and he has also been made to an accused in the case. Moreover, counsel submitted that the accused wife and Turab Ali, co -accused had taken the deceased to Sanjeevani Hospital and that is why the prosecution is disbelieving the story because the deceased was not first taken to a Government hospital. Counsel submitted that the accused had two children dependent on her and the applicant is barely 30 years of age and she has been arrested on 17.7.2014 and the entire family is suffering due to her arrest. Hence, counsel prayed that the application for grant of bail be allowed.

(3.) COUNSEL for the respondent/State, on the other hand, has opposed the submissions put forth by the counsel for the applicant. He has pointed out that there were illicit relation between the present applicant and the employer Turab Ali. According to the statement of Arti, the girl child aged 13 year that on the date of incident also the deceased and Turab Ali were taking alcoholic drinks together. The FSL report clearly indicated that there was poison in the viscera which can have administered by the present applicant and Turab Ali. Moreover, the second post -mortem report according to the applicant 's own showing indicated that there were many injuries on the body of the deceased and the injury of front parietal temporal region of brain was a depressed fracture and the entire skull was crushed. The second post -mortem had been carried out at the instance of father -in -law of the applicant, who made a complaint before the police along with other villagers. Hence Counsel submitted that the applicant does not deserve any sympathy and prayed for dismissal of the application.