BIR SINGH AND ORS. Vs. STATE OF J&K

JUDGEMENT

(1.) This is an application filed on behalf of applicant No. 4-sister-in law (Nanand) of deceased for grant of bail. Bail is sought on two grounds of which only one survives. The first ground taken in the application is that the applicant has never celebrated any festival with her kids as she was in jail and her kids wanted to celebrate Diwali with their mother. This ground no more survives as the Diwali festival is over. The 2nd ground urged is that the mother of applicant namely, Shakuntala Devi is out on bail on medical grounds and on account of her poor health she is unable to finalize the arrangements for engagement ceremony of her son Subash Chander who is younger brother of the applicant.

(2.) Heard learned counsel for the parties.

(3.) The appellants/applicants including applicant No. 4 stand convicted under Sections 302/498-A RPC. Other appellants/applicants are the parents-in-law and husband of the deceased. The appellants/applicants allegedly set ablaze the deceased barely within six months of her marriage with appellant/applicant No. 2 resulting in her death. The murder was allegedly committed for dowry in a depraved manner when the deceased was carrying a pregnancy of three months. Prosecution case, primarily rests on Sing declaration of deceased as the mode of proof. The dying declaration was made in presence of the Doctor who was examined at the trial to prove the mental composition of deceased and genuineness of the dying declaration attributed to deceased.