DEV KARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application under section 439 Criminal Procedure Code has been filed on behalf of petitioners Dev Karan (Father-in-law) and Jagdish (Husband) against whom challan has been filed for the offences under Sections 498-A and 304-B Indian Penal Code, wherein, the allegation against the petitioners is that they had been torturing and committing cruelty towards deceased Smt. Sabu Devi and on the fateful day of occurrence i.e. on 3.12.2001 in the early morning petitioner Dev Karan caught hold of his daughter-in-law deceased Smt. Sabu Devi and his daughter Mst. Ladu drenched her with kerosene from a Jerrican and then he set fire to her clothes with a match stick, as a result of which she received around 70-75% burns all over her body and ultimately died while under treatment in Hospital at Jodhpur but after making dying declaration.

(2.) The allegation against the petitioner Jagdish is that he kept watching when she was being burnt and did not try to rescue her or to extinguish or put out fire.

(3.) Learned counsel for the petitioner has, at the outset, submitted that he does not press the bail application of petitioner Dev Karan at this stage. He, however, contended that petitioner Jagdish neither set fire to deceased Smt. Sabu Devi nor has done anything else and, therefore, he may be granted indulgence of bail.