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2002 DIGILAW 856 (RAJ)

Dev Karan v. State of Rajasthan-(32)

2002-04-24

HARBANS LAL

body2002
JUDGMENT 1. 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. 4. The bail application has been vehemently opposed by the learned counsel for the complainant and learned Public Prosecutor on behalf of the State. They have submitted that the conduct of the petitioner Jagdish makes it abundantly dear that he was a party to the conspiracy to put an end to the life of Mst. Sabu Devi and despite being her husband he having not taken any steps to rescue her or to accompany her to the hospital after the occurrence shows his mens rea. 5. Having considered the rival submissions made at the bar and upon a thorough perusal of the case diary and looking to the facts and circumstances of the case as also the heinous nature of alleged offence, no case for bail is made out. 6. In the result, this bail application under section 439, Criminal Procedure Code in respect of both the petitioners is hereby rejected. 7. 6. In the result, this bail application under section 439, Criminal Procedure Code in respect of both the petitioners is hereby rejected. 7. Thereafter, learned counsel for the petitioners submitted that directions may be given to the learned trial court for expediting the trial of the case, which prayer appears to be just and reasonable.Accordingly, it is directed that the learned trial court shall expedite the trial and strive hard to conclude it as early as possible.Bail application rejected. *******