- (1.) RAVINDRA Singh, J. Heard Sri Brijesh Sahai, Sri Sarvesh Kumar Dubey, learned counsel for the applicant, learned A.G.A. for the State of U.P. and Sri G.S. Chauhan, Sri Deepak Dubey learned counsel for the complainant and perused the record.
(2.) THIS application has been filed by the applicant Raghuveer Sharan Sharma with a prayer that the he may be released on bail in case crime no. 147 of 2011, under sections 498-A,304-B,307,326,324,506 I.P.C. and section ¾ of D.P. Act P.S. Nawabad district Jhansi. The facts in brief of this case are that the F.I.R. has been lodged by Sweta alias Menka daughter of Sri Bhanu Prakash Tiwari on 26.2.2011 at 12.15 p.m. in respect of the incident allegedly occurred on 26.2.2011, at about 10.00 a.m. The F.I.R. has been lodged by the deceased herself alleging therein that her marriage was performed on 20.6.2010 with the co-accused Vikas alias Vikki, in the said marriage an amount of Rs. 6 lakh in cash and other articles having the valuation of Rs. 1 lakh were given to the in laws, but the applicant and other co-accused persons were not satisfied with the aforesaid dowry, they were demanding Scorpio vehicle in the dowry, on non fulfilment of their demands the deceased was subjected to cruelty, even continuously for two days food was not provided to her and the threat was extended to divorce her for performing second marriage, on 26.2.2011 at about 10.00 a.m. the applicant and the co-accused Vikas, co-accused Chandra Kumari and co-accused Lavlesh, co-accused Pragya and the co-accused Ritesh alias Vikki poured the kerosene oil on her person and she was set on fire only because the demand of Scorpio vehicle was not fulfilled, the deceased in an injured condition shouted, then many persons gathered there, thereafter, she was taken to medical college, Jhansi, her father came their after receiving the information, when her father had gone to purchase the medicine her statement was forcibly recorded, her husband did not permit her to narrate the correct story, thereafter, it was disclosed to her father then the F.I.R. of this case has been lodged under section 498-A,323,326,506 I.P.C. and section ¾ of the Dowry Prohibition Act but subsequently, the deceased succumbed to her burn injuries on 3.3.211 at 3.05 p.m. while undergoing treatment. According to the post mortem examination report the deceased has sustained burn injuries, the cause of death was due to septicaemic shock consequent upon the ante mortem thermal burn approximately covering about 96% total body surface. According to the post mortem examination was done on 4.3.2011.
(3.) 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 on 20.6.2010, according to the Hindu Custom and Rites, it has taken place in a very simple manner, there was no demand of dowry, the allegation that Scorpio vehicle was demanded by the in-laws of the deceased and to fulfil this demand she was subjected to cruelty, is absolutely false and baseless, prior to lodging the F.I.R. no such complaint has been made by the deceased or her patents before the authority of the police etc. in the present case the F.I.R. has been recorded in which she stated that she was caught hold by her Jeth, mother in law, kerosene oil was poured by her devar Ritesh, the co-accused Pragya was having the match box, it is alleged that the applicant, mother in law of the deceased, and the Jeth were empty handed, the husband of the deceased was also there, but he remained a silent spectator. According to her statement recorded under section 161 Cr.P.C. no active role has been assigned to the applicant, the deceased has died in Ram Manohar Lohia Hospital, New Delhi, then this case was converted under section 304-B I.P.C. The Statement of Anil Kumar Tiwari, uncle of the deceased was recorded by Executive Magistrate, on 17.3.2011 and the statement of the father and mother in law of the deceased was recorded on 4.3.2011 and 27.3.2011 respectively. The second statement of the mother of the deceased was recorded on 19.3.2011, dying declaration of the deceased was also recorded on 26.2.2011 since 12.50 p.m. to 1.15 p.m. According to the Dying Declaration kerosene oil was poured by her dever Ritiesh alias Rikki and she was set on fire by her mother in law Smt. Chandra Kumari,Jethani Smt. Pragya, she was set on fire on account of the family dispute, at that time her husband was not present in the house. The applicant was having no concern with the demand of dowry, the applicant is an innocent person, he is in jail since 25.3.2011, therefore, he may be released on bail.;