SHEELAWATI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking her release in case FIR No. 120 of 2015, dated 06.12.2015, under Sections 302 and 120-B of the Indian Penal Code, registered at Police Station Parwanoo, District Solan, H.P.

(2.) As per the petitioner, she is innocent and has been falsely implicated in the present case. She is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so she may be released on bail.

(3.) Police report stands filed. As per the prosecution story, the petitioner is involved in the killing of her daughter as she came to know about the relation of the petitioner with the co- accused Ajay. As per the prosecution, spot map as per factual position of the spot was prepared and the postmortem of the deceased was conducted on 8.12.2015 in IGMC, Shimla. Viscera of the deceased was preserved. The deceased was identified by Smt. Sheelawati as her daughter. Blood sample of Smt. Sheelawati and the blood stones etc. recovered from the spot were sent to FSL, Junga for DNA profiling. The call details r of mobile No. 97292- 80948 of Sheelawati were obtained and perusal of the same, it reveals that she was consistently talking over telephone No. 01733- 220207. This telephone number after investigation, was found STD number of Kalka market owned by Prem Sagar, who has disclosed that a person known as Ajay Sharma used to talk from this STD on mobile No. 097292-80948 and he knows him. When Ajay Sharma was called on 9.12.2015 alongwith Sheelawati to identify the dead body, then he flee away. Further, it has come in the investigation that the husband of Sheelawati, Jagdish Kumar was sentenced to jail in a theft case, then Ajay Sharma started to reside with Sheelawati at place Kalka and both are having illicit relationship for the last 7-8 years. Usha, D/o Sheelawati was knowing the illegal relationship between Sheelawati and Ajay. On dated 24.11.2015, Sheelawati and Ajay planned to kill Usha and in this connection, they also met at place Kalka. After the incidence, they had conversation with each other on 26.11.2015, thereafter both went to Hardwar on 27.11.2015. As per the statements of the witnesses, it has come in the investigation that on 26.11.2015, Usha was sent by her mother Sheelawati to bring the money from Ajay and he called her near the bowri and mislead her that they have to take the money from Parwanoo and in the forest, he killed her.