RAM LAL Vs. UT OF J&K

JUDGEMENT

(1.) Applicant through the medium of this bail application under Sec. 439 of the Code of Criminal Procedure solicits grant of bail, in a case titled 'UT of J&K v. Ram Lal and Ors', on the files of the Court of learned Additional Sessions Judge Udhampur, arising out of FIR No. 168/2022 registered on 9/7/2022 at P/S Rehmbal, for the commission of offences punishable under Sec. 306 IPC.

(2.) Brief facts of the case are that on 25/5/2022, at about 2130 hrs an information was received in P/S, Rehambal from PP DH Udhampur, that one lady namely Nisha Sharma W/O Ram Lal R/O Malhar, Udhampur brought by her husband in unconscious condition, but the medical officer of DH Udampur declared her brought dead.

(3.) As the death of deceased had occurred in suspicious circumstances and to ascertain the cause of death, inquest proceeding under Sec. 174 CrPC were initiated by Rehmbal Police vide DDR No.25 dtd. 25/5/2022, and the enquiry of the same has been entrusted to ASI Naseeb Singh EXJ-986911. During the course of enquiry, Enquiry Officer took the dead body of the deceased into his custody and shifted to Mortuary of DH Udhampur. The Enquiry Officer called the FSL team at the place of incident and seized one broken chair of plastic, rope plastic, 01 drat from the spot in presence of FSL Team. The photography of the place of incident was got conducted through crime photographer of District Udhampur. Post mortem of the deceased was got conducted through a board of doctors at DH Udhampur on 6/5/2022 and after completing the legal formalities the dead body of the deceased was handed over to her parents. The report of the board of doctors was that the deceased died due to Asphyxia. Further as the enquiry was still going on into the matter, on 19/7/2022, learned Judicial Magistrate (Munsiff) Udampur directed SHO, P/S Rehmbal to lodge FIR in this matter. Consequently, a case FIR No.168/2022 under Sec. 306 IPC was registered at P/S Rehmbal.