Decided on September 26,2007

SATWANTI Appellant
STATE Respondents


- (1.) The applicant is involved in a case under Section 498-A/304-B IPC. The applicant is mother-in-law of the deceased. Soon after the death of the deceased statements of her mother and father were recorded by the SDM. The father of the deceased alleged that a demand of money was made by Deepak, husband of deceased from the deceased. Deceased had also given a telephone call to him that she wanted to meet him. On the day of incident, he was informed that the deceased was not well and has been removed to hospital. When he and his wife reached the emergency ward of Deen Dayal Upadhyay Hopsital, deceased was in precarious condition and she told that she was administered poison forcibly. She put responsibility on Deepak and his mother. About a week back, she had given a telephone call to him telling that they were in need of money and he should give some money to Deepak. A specific question was asked to him by SDM that if Deepak and his family members used to demand something from him, to this he answered that Deepak had demanded money and the inter-mediator had also advised that some money should be given. Statement of mother also shows that it was Deepak, who had made demand. She also told that by the time they reached hospital Alka (deceased) had already died and she expressed doubt on Deepak and his mother.
(2.) It is apparent from the record that Alka had not made any dying declaration and by the time parents met her she had already died. It was a case of death by poisoning. The allegations of dowry demand were made by mother and father against the husband pf the deceased. However, subsequently after about 15 days a statement of brother of the deceased was recorded, in which he implicated the applicant and stated that the deceased had told him that the applicant had also made dowry demand from the deceased.
(3.) Considering the statements made by the parents of the deceased to the SDM soon after the death and the fact that both parents of the deceased had not stated to SDM about any dowry demand having been made by the applicant, this application for bail is allowed. It is directed that the applicant be released on her executing a personal bond in the sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the trial court concerned.;

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