ASHOK KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court, seeking bail under Sec. 439 Code of Criminal Procedure (in short 'Cr.P.C.'), in FIR No.282 of 2018, dtd. 4/11/2018, registered in Police Station Sarkaghat, District Mandi, H.P., under Sec. 302 of the Indian Penal Code (in short 'IPC').

(2.) Status report stands filed and record was also made available.

(3.) As per status report, on 12/11/2018, at 10.55 a.m., on receiving information that Jyoti Devi had suffered burn injuries and she had been taken to the Hospital, police party rushed to Civil Hospital Sarkaghat where victim Jyoti Devi and her husband (petitioner-accused) were present with burn injuries. After medical examination, Medico Legal Certificate was obtained by the police. Medical Officer declared Jyoti Devi to be fit for making statement whereafter, her statement was recorded in presence of Dr.Anjana who also put her signature thereon. Thereafter, Jyoti Devi was referred to Medical College and Hospital, Ner Chowk, for treatment, wherefrom she was further referred to Indira Gandhi Medical College and Hospital, Shimla (IGMC) and from IGMC to PGI, Chandigarh. On the way to PGI, Jyoti Devi died and her dead body was brought to Civil Hospital Sarkaghat. Thereafter, parents of deceased came to the Police Station and father of victim made statement under Sec. 154 Cr.P.C., stating therein that Jyoti Devi was one amongst their four children, i.e. two sons and two daughters, who was married with petitioner-Ashok Kumar about 6-7 years ago and couple was blessed with two children, i.e. one boy 4 years of age and one daughter about age of 1 1/2 month.