NIKKI DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) PETITIONER Smt.Nikki Devi has filed the present petition for grant of bail under Section 439 Cr.P.C. in a case under Sections 498-A, 302, 201 and Section 34 IPC in relation to FIR No.405 of 2005 dated 3.11.2005 lodged against her and other co-accused at Police Station Sadar District Bilaspur. Briefly stated, the facts of the case are, that on 4.11.2005 Smt.Kanta Devi was brought to the I.G.M.C. Shimla in a burnt condition. Keeping in view her serious condition on the same day at about 12.30 P.M. her statement was recorded. In this statement she stated that she was being mal treated by her in laws including Smt.Nikki (bail petitioner) and due to this reason she had poured kerosene oil on herself and attempted to commit suicide on 3.11.2005. She was taken to the District Hospital Bilaspur by her husband Sher Singh from where she was referred to I.G.M.C. On 4.11.2005 the statement of Kanta Devi was recorded by the Incharge Police Post, Lakkar Bazar.

(2.) ON 7.11.2005 another statement of Kanta Devi was recorded. In this statement she stated that she was on the stairs below the kitchen when her mother- in- law Nikki (bail petitioner) poured kerosene oil on her. Her husband gave her a push and she was set alight by her mother-in-law Nikki. She has also stated that she was ill treated by her in laws including the bail petitioner Nikki. In the second statement she has also made allegation that her in laws used to demand dowry and threatened her that her husband would be got married again. In this statement she also stated that her earlier statement was recorded under pressure of her in laws and she had stated what her husband and mother in law asked her to state. The second statement was recorded by the Executive Magistrate, Shimla. After the statements were recorded Smt.Kanta Devi unfortunately expired on December 6,2005.

(3.) I have given my careful consideration in this case I have also gone through the police record. At this stage it would not be appropriate to go into the merit of the case since this may affect the final disposal of the sessions trial itself. It is no doubt true, as pointed out by Mr.Ashok Sharma that there are contradictions between the two statements i.e. the alleged dying declarations. Which dying declaration is to be believed and which is to be discarded, is not an issue, which can be decided in the present bail petition.