KACHRA Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Section 439 of the Cr.P.C. has been moved by the accused Kachra, who stands charged for the offences punishable under Section 498A and 302 of the I.P.C.

(2.) The deceased Smt. Sanju wife of Mohan was the daughter in-law of the accused Kachra. She was having not good relation with her in-laws and on account of that, was at her maternal house on 21.11.2002. The accused had gone to her house to fetch her. At 11.00 AM on 21.11.2002, Smt. Sanju came out of the house in a burning condition and was rushed to the hospital.

(3.) According to the prosecution story, the Tehsildar, Salumbhar on 21.11.2002 at 1.30 PM recorded the dying declaration of Smt. Sanju. She stated that she was alone in the house and her father-in-law after pouring the kerosene on her, ignited her. Further she stated that she raised a hue and cry, as a result of which, the persons of neighbour-hood as well as her father Dhanji, uncle Bhagji and mother Kali arrived. She further stated that the fire was doused by the neighbours. No case was registered on this dying declaration. On 23.11.2002 at 11.30 PM, an FIR was lodged by the father of the deceased Dhanji and a case under Section 498A and 307 of the I.P.C. was registered. The petitioner was arrested and his application for bail stands dismissed by the learned trial court.