- (1.) Heard Sri Arun K. Singh - I, learned counsel for the applicants, learned A.G.A. for the State on 18.5.2010 and perused the record. Learned counsel for the applicants submitted that the applicants are the father-in-law, jeth and jethani of the deceased. Allegations against the applicants are general in nature. Applicants never demanded any dowry from the deceased. No active role has been assigned to the applicants by the deceased in her dying declaration. Applicants had admitted the deceased in the hospital soon after the incident and got her treated. Jeth and jethani of the deceased live separately from the deceased and have a separate ration card. Learned A.G.A. submitted that the deceased died within seven years of her marriage in her matrimonial home by burns and before her death she was subjected to cruelty by the applicants on account of demand of dowry. In dying declaration, the deceased made allegations against all the family members of her husband. Though the ration card of jeth and jethani may be separate, but they live in the same house, as is evident from the site plan.
(2.) The dying declaration of the deceased was recorded on the date of the incident itself by Naib Tehsildar, Bijnor wherein the deceased leveled allegations of harassment against all the accused persons. Regarding the incident, she stated that at 7:00 a.m., her mother-in-law instigated the husband of the deceased who beat her with lathi. Thereafter husband poured kerosene oil on her and set her afire. Her jeth, jethani, father-in-law and mother-in-law were present in the house, but they did not make any attempt to extinguish the fire. Her jeth and jethani left the hospital on the arrival of paternal family members of the deceased.
(3.) Regarding incident, there is no specific allegation against the applicants. According to the dying declaration, mother-in-law instigated her son and on her instigation, husband of the deceased beat her and set her afire. The allegation against the applicants is that they did not try to save her. The deceased was admitted in the hospital by the jeth of the deceased. Considering all the facts and circumstances of the case, the case of the applicants can be distinguished from the case of mother-in-law and the husband of the deceased and the applicants may be enlarged on bail.;