LAWS(HPH)-2012-2-17

AJAY CHANDEL Vs. STATE OF HIMACHAL PRADESH

Decided On February 28, 2012
Ajay Chandel Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THIS is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 293 of 2011 dated 19.11.2011, registered at Police Station, Sadar,Bilaspur, under Sections 306, 201, 34 IPC and Section 3 (XV) Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities) Act, 1989. The prosecution case, in brief, is that on 16.11.2011 the deceased Ranjana Devi had gone to college at Bilaspur and at about 1.50 P.M., a telephonic call was received by her mother informing her that Ranjana Devi has been admitted in the hospital at Bilaspur. On reaching the hospital, it was found that Ranjana Devi had expired.

(2.) IT has been alleged that Ranjana Devi used to talk to petitioner. The deceased was engaged about four months back which fact was known to the petitioner. The petitioner enticed the deceased on 16.11.2011 and took her to Baner where petitioner and deceased took meals in a 'dhaba'. The deceased after taking meals started vomitting. The deceased was taken to hospital at Bilaspur where she died. It has been alleged that deceased consumed poison at the instance of the petitioner. On these allegations, the case was registered. The petitioner was arrested on 20.11.2011.

(3.) THE status report has been filed. It has been stated that case has been registered on statement under Section 154 Cr.P.C. of Devi Ram on 19.11.2011. He has stated that his daughter Ranjana Devi had been studying in Bilaspur College in B.Sc first year. On 16.11.2011 Ranjana Devi had gone to Bilaspur college and told the complainant that she would be returning very soon, but she did not return. The complainant received a call on his mobile which was attended by his wife and some boy informed that Ranju had stomachache and was in Bilaspur hospital. On this, complainant and his son had gone to the hospital and found Ranjana Devi lying dead. The post mortem of the dead body was got conducted by the police and the body was cremated on 17.11.2011.