SONA BANO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioner has been arrested in FIR No. 111/2018 of Police Station Nagori Gate, District Jodhpur for the offences punishable under Ss. 201, 302/34, 120-B IPC. She has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that after rejection of the first bail application of the petitioner, statements of PW-1 Muskan, daughter of the petitioner have been recorded before the trial court. It is argued that the allegation against the petitioner is to the effect that on 31/5/2018, she administered poison to her husband Mohd. Sabir in lemon water and after consuming it, he died. It is submitted that the police, on the basis of statements given by Muskan daughter of the petitioner during the course of police interrogation, have concluded that the petitioner mixed poison in the lemon water which was consumed by the deceased. It is submitted that now the statements of daughter of the petitioner have been recorded before the trial court where, in her cross examination, she has specifically stated that when her mother prepared lemon water on 31/5/2018, she was not in the house and went to her grandfather's house which is situated near-by her house. It is submitted from the above, it is clear that when the petitioner prepared lemon water and allegedly mixed poison in that, her daughter Muskan was not present in the house and in such circumstances, prosecution has failed to prove that the petitioner mixed poison in the lemon water. It is submitted that as a matter of fact, after death of the petitioner's husband, brother-in-law and other relatives of her husband with the intention to grab property i.e. the house of the deceased have falsely implicated the petitioner in this case. It is submitted that no other direct evidence is available on record to suggest that the petitioner mixed poison in the lemon water except the statements of PW-1 Muskan, who has specifically stated that she was not in her house at the time of the alleged incident. It is further submitted that there is hardly any evidence left against the petitioner and it would be very difficult for the prosecution to prove the guilt of the petitioner.