NIRMALA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) Present bail application is filed under Section 439 Code of Criminal Procedure 1973 for grant of bail in connection with case FIR No. 135 of 2014 dated 24.10.2014 under Sections 302 and 34 IPC registered at Police Station Lambagaon District Kangra H.P. Whether Reporters of Local Papers may be allowed to see the judgment? Yes.

(2.) It is pleaded that investigation in the case is completed and no fruitful purpose will be serviced by keeping petitioner in jail. It is further pleaded that petitioner is falsely implicated in the present case. It is further pleaded that petitioner filed application before the SDM Office Jaisinghpur in the year 2009 wherein it was pleaded by the present petitioner that her son namely Sanjeev Kumar and her daughter -in -law Reena Devi since deceased were treating petitioner with cruelty and because of ill treatment petitioner disinherited both of them from her property. It is further pleaded that petitioner is widow and she has been falsely implicated in the present matter. It is further pleaded that petitioner shall not threat or induce any prosecution witnesses and will abide all the conditions imposed by the Court. Prayer for acceptance of bail application sought.

(3.) Per contra police report filed. As per police report FIR No. 135 of 2014 dated 24.10.2014 under Sections 302 and 34 IPC is registered in Police Station Lambagaon District Kangra H.P. against the petitioner. There is recital in police report that statement of deceased Reena Devi was recorded in the Hospital. There is further recital in police report that deceased Reena Devi informed that on 24.10.2014 Ramesh Kumar came and broken the electric meter and thereafter broken the door of room and thereafter pushed deceased Reena Devi. There is further recital in police report that co -accused Nirmala Devi told to throw the entire household articles of deceased outside their residential house. There is further recital in police report that co -accused Nirmala Devi caught the deceased in the room and co -accused Ramesh Kumar @ Rangil Singh came with kerosene oil in his hand and spread the kerosene oil upon the body of deceased and thereafter lit fire upon body of deceased. There is further recital in police report that two children of deceased Reena Devi were present and the husband of deceased was working in a field when deceased was burnt with fire. There is further recital in police report that children of deceased called their father and thereafter water was thrown upon the body of deceased and fire was extinguished. During the investigation Investigating Officer took photographs and inspected the place of incident and prepared site plan and also prepared seizure memos. As per MLC No. 306 of 2014 deceased had sustained grievous burnt injuries to the extent of 40 -50 percent. Thereafter deceased was referred to RPGMC Tanda. Statements of minor children of deceased namely Rishu and Sameer recorded under Section 164 Cr.P.C. There is further recital in police report that during medical treatment deceased died on 2.11.2014. Viscera of deceased was sent for chemical examination. As per chemical examination report deceased died due to septicaemic shock and ante -mortem burn injuries. There is further recital in police report that investigation already stood completed and challan stood filed in the Court for trial. There is further recital in police report that if petitioner is released on bail at this stage then petitioner will threat and induce prosecution witnesses. Prayer for rejection of bail application sought.