LAWS(JHAR)-2013-5-16

GOVIND PRASAD Vs. STATE OF JHARKHAND

Decided On May 17, 2013
GOVIND PRASAD Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned counsel for the State.

(2.) THE petitioner is an accused in a case registered under Sections 304B/34 of the Indian Penal Code.

(3.) THE learned counsel for the petitioner has submitted that the petitioner never tortured or demanded any dowry, in fact both of them were leading a happy martial life and out of their wedlock, they were blessed with a male child. It is also submitted that the death of the victim was accidental and she sustained serious burnt injury while preparing food. She raised the alarm, then several person rushed to the house of the petitioner and they found the victim is burnt condition and she uttered before them that she has caught fire while preparing food and requested them to save her life. The petitioner had taken her to the Hospital but she could not survive. Thereafter, the petitioner informed the said incident to the informant on phone. It is also submitted that in the investigation a number of witnesses including independent witnesses have supported this fact, Furthermore, there is no mentioned about any smell of K. Oil from the dead body neither I.O. has recovered any container containing the K. Oil from the place of occurrence.