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Allahabad High Court · body

2006 DIGILAW 1491 (ALL)

Nattho Devi, Anant Ram Kashyap v. State of U. P.

2006-05-25

RAVINDRA SINGH

body2006
RAVINDRA SINGH, J. ( 1 ) THIS application has been filed by the applicant Smt Nattho with a prayer that she may be released on bail in crime case No. 2068 of 2005 under Sections 498-A, 326, 304-B, I. P. C. and section 3/4 Dowry Prohibition Act, P. S. Qila district Bareilly. ( 2 ) THE prosecution story in brief is that an F. I. R. has been lodged by Smt. Madhu at P. S. Qila district Bareilly on 6. 10. 2005 at 0. 05 p. m. in respect of the incident which had occurred on 4. 10. 2005. It is alleged that the marriage of the deceased Hema Kashyap, daughter of the first informant, was solemnised with co-accused Sonu Kashyap, son of the applicant on 9. 6. 2005. In that marriage as a gift Rs. 1 lac in cash, one golden chain, 1 ring, 1 colour T. V. , a Washing machine, a Double bed and some other articles of daily use were given to the in laws of the deceased, but they were not satisfied, since the first night of the marriage her in laws were pressing hard and demanding Rs. 50,0007- it was told by the deceased to the first informant and others, thereafter, they tried to persuade her in laws not to harass the deceased but she was subjected to cruelty by the applicant, her husband and her sons, she was subjected to the cruelty to fulfil the demand of dowry, she was expelled from her house, but with the help of some others relatives, the deceased was sent to the house of her in laws on 29. 9. 2005, but on 4. 10. 2005 she was murdered by the applicant and other co-accused persons by pouring kerosene oil and putting her on fire, her condition was very serious, therefore, to show a bona fide conduct, her in laws taken the deceased to the hospital but no information was given to the first informant and others. On 5. 10. 2005 at about 7. 00 am. the first informant got the information of the said incident through the maternal uncle of the deceased, on that information the first informant and others came to the hospital where the condition of the deceased was very serious. Therefore, she was shifted by the first informant to the district hospital Bareilly from a private Nursing Home. 00 am. the first informant got the information of the said incident through the maternal uncle of the deceased, on that information the first informant and others came to the hospital where the condition of the deceased was very serious. Therefore, she was shifted by the first informant to the district hospital Bareilly from a private Nursing Home. The f. I. R. was lodged under Sections 498-A, 326, 304-B, I. P. C. and Section 3/4 Dowry Prohibition act. The dying declaration of the deceased was also recorded in the hospital, thereafter, she died. After the death of the deceased Section 304b I. P. C. was also added. ( 3 ) HEARD Sri Arun Srivastava, learned Counsel for the applicant and the learned A. G. A. ( 4 ) IT is contended by the learned Counsel for the applicant; i. That the applicant is a women and she is ailing. She is aged about 65 years. II. That general allegation is made against the applicant and other co-accused persons. There is no specific allegation against the applicant. Her eyes were operated in the year 1998 and her vision is weak. III. That the deceased was a short tempered lady. She did not want to live jointly. She was always quarrelling for living separately. On 4. 10. 2005 at about 8. 00 a. m. some hot words were exchanged between the deceased and her husband on same issue subsequently, when all the family members had gone to the agriculture field, she committed suicide by pouring kerosene and by putting her on fire. It has been categorically stated by her in dying declaration receded on 4. 10. 2005 by the private doctor. The deceased in an injured condition was taken immediately to srikant hospital and proper medical aid was provided. The conduct of the applicant and her family members is bona fide, its information was given to the first informant and others who came to Sri Ram Hospital. Thereafter, she was admitted to the District Hospital on 5. 10. 2005. IV. That the first informant and other family members had come at the hospital. The deceased was tutored by them, therefore she changed her earlier statement given to the doctor in which she stated that she has committed suicide and given a new version to the learned magistrate recording her dying declaration on 6. 10. 2005 as per her dying declaration dated 6. The deceased was tutored by them, therefore she changed her earlier statement given to the doctor in which she stated that she has committed suicide and given a new version to the learned magistrate recording her dying declaration on 6. 10. 2005 as per her dying declaration dated 6. 10. 2006 the role of pouring kerosene oil has been assigned to the applicant. V. That there was no demand of dowry. The allegation in respect of the demand of dowry and subjecting the deceased to cruelty are absolutely false and baseless. There was no demand of dowry. She was subjected to cruelty by the applicant and other co-accused persons. VI. That the applicant is a feeble woman, she is the mother in law of the deceased, she is innocent, she never demanded any dowry, therefore she may be released on bail. ( 5 ) IT is opposed by the learned A. G. A. by submitting; 1. That the deceased has been murdered within four months after her marriage. 2. That there was specific demand of dowry and she was subjected to cruelty, she has been murdered by putting her on fire. There is a dying declaration recorded by a magistrate on 6. 10. 2005 in which she clearly stated that she was put on fire by the applicant after pouring kerosene oil. There is specific allegation of demand of dowry and subjecting the deceased to cruelty against the applicant. 3. That the dying declaration was recorded when certificate of fitness was issued by the doctor and no reliance can be placed on the earlier dying declaration dated 4. 10. 2005 which was recorded by the doctor. In the present case also the family members of the applicant has been made accused. According to the dying declaration the applicant has been made the accused, therefore, the applicant cannot be released on bail. Considering the facts and circumstances of the case the submission made by the learned Counsel for the applicant and the learned A. G. A and considering the dying declaration recorded by the learned magistrate, and the fact that the deceased has been murdered within four months after her marriage, and without expressing any opinion on the merits of the case, the prayer for bail is refused. ( 6 ) ACCORDINGLY this application is rejected. . .