Research › Search › Judgment

Allahabad High Court · body

2008 DIGILAW 457 (ALL)

Kamla Prasad Dwivedi v. State of U. P.

2008-02-27

RAVINDRA SINGH

body2008
RAVINDRA SINGH, J. ( 1 ) THIS application has been filed by the applicant Kamla prasad Dwivedi with a prayer that he may be released on bail in case crime No. 413 of 2007 under sections 498a, 304b IPC and section 3/4 D. P. Act, P. S. Barsathi District jaunpur. ( 2 ) THE facts in brief of this case are that the FIR of this case has been lodged by the first informant Upendra Nath Tiwari at P. S. Barsathi on 1. 11. 2007 at 2. 05 p. m. in respect of the incident which had occurred in the night of 31. 10. 2007, it is alleged that the marriage of the deceased was solemnized about 5 years prior the alleged incident with the co-accused Jai Prakash son of the applicant, after the marriage of the deceased the applicant and other co-accused person demanded Rs. 50. 000/- and a Hero Honda motorcycle as a dowry for which she was subjected to cruelty, even after committing the mar-peet, she was sent to the house of the first informant, to settle the dispute a panchayat was arranged and the deceased was sent to the house of her-in-laws, in the morning of 1. 11. 2007, the first informant got the information that her daughter has died due to burn injuries, on that information the first informant came at the place of occurrence and saw the dead body of the deceased in a burnt condition, according to the postmortem examination report the deceased has sustained burn injuries I to II degree about 80% body surface area the smell of kerosene oil was present, the cause of death was due to burn injuries. ( 3 ) HEARD Sri V. P. Srivastava, Senior Advocate, assisted by Sri T. B. Pandey, learned counsel for the applicant, learned AGA for the State of U. P. and Sri Viresh Mishra, senior Advocate, assisted by Sri P. N. Tripathi, B. S. Pandey and Sri Rakesh mohan learned Counsel for the complainant. ( 3 ) HEARD Sri V. P. Srivastava, Senior Advocate, assisted by Sri T. B. Pandey, learned counsel for the applicant, learned AGA for the State of U. P. and Sri Viresh Mishra, senior Advocate, assisted by Sri P. N. Tripathi, B. S. Pandey and Sri Rakesh mohan learned Counsel for the complainant. ( 4 ) IT is contended by the learned Counsel for the applicant that the applicant is the father-in-law of the deceased, the marriage of the deceased was solemnized in the month of December, 2000, the applicant was having no concern with the demand of dowry and subjecting the deceased to cruelty, proper information was given to the first informant, the first informant and his family members came and in their presence the proceedings of inquest was done, Yogesh tiwari, son of the first informant was the witness of the inquest report, the applicant is an old man aged about 75 years. He is assistant teacher in Dwarika Prasad Inter college, Dashrathpur and the deceased was having two minor daughters, it has been alleged that during investigation it was found that the marriage of the deceased was solemnized in December, 2000 whereas it was mentioned in the F. I. R. that the marriage was solemnized about 5 years prior the alleged incident whereas the real fact is that the marriage was solemnized on 1. 2. 1999. The applicant is having high respect, he is having no criminal antecedent, therefore, he may be released on bail. ( 5 ) IN reply to the above contention, it is submitted by the learned AGA and the learned Counsel for the complainant that the marriage card prepared by the applicant saying that the marriage was solemnized in the year 1999 was found forged, during investigation before the Trial Court the plea has been taken that the deceased sustained injuries, when she was cooking the food, which is belied by the post-mortem examination report because the smell of kerosene oil was coming out. The deceased was subjected to cruelty to fulfil the demand of dowry and during investigation nothing was found to show that the deceased has sustained injuries at the kitchen at the time of cooking the food, the applicant and other family members have not made any efforts to save the life of the deceased by taking her to the hospital whereas the applicant was having four wheelers and the applicant was living in the same house in which the deceased has been done to death. It is further contended that the death of the deceased was unnatural for which the applicant is not liable, therefore, the applicant may not be released on bail. ( 6 ) CONSIDERING the facts and circumstances of the case, and the allegation made by the learned Counsel for the applicant and the learned AGA and without expressing any opinion on the merits of the case, the applicant is not entitled for bail, therefore, the prayer for bail is refused. Accordingly this application is rejected. Bail application dismissed. . .