KUMARI LALEE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for accused petitioners, learned Public Prosecutor for the State, perused the case diary and other material including the dying declaration of deceased Renu and the statement of Ram Singh (PW6) recorded in the court.

(2.) LEARNED counsel for accused petitioners contended that the petitioner No. 1 Kumari Lalee and No. 2 Smt. Prema are respectively unmarried sister and mother of co-accused Jitendra. It is also contended that the deceased Renu and her husband Jitendra both were residing separately from the present accused petitioners and since last number of months both came at Jaipur to earn their livelihood and prior to this they were residing at Ghatampur, (Uttar Pradesh). It is also submitted that dying declaration was recorded by the police in the hospital wherein she has not alleged anything against the present accused petitioner and stated that she was married with Jitendra Kumar on 21.06.2003 and since last four months she was residing at Jaipur with her husband and on account of anger she poured the kerosene oil on her body and ablazed herself to fire. It is also submitted that the accused petitioners have falsely been implicated in this matter and the so-called letters were also found to be suspected by the police during the investigation and it is not the case that those letters were written within short period of her death.

(3.) HAVING considered the rival submissions made at the bar, nature of accusation, material specifically the dying declaration made by the deceased Renu and the statement of Ram Singh (PW6) recorded in the court and all other facts and circumstances, I deem it proper to give the benefit of pre-arrest bail to accused petitioners Kumari Lalee and Smt Prema.