- (1.) Heard Sri Rajesh Yadav, Sri Sanjiv Kumar Gupta-I, learned counsel for the appellants, learned A.G.A. for the State of U.P. and perused the lower court record.
(2.) The appellant Spector @ Sipattar and Smt. Ganga Devi have filed their bail application, in the criminal appeal, which has been filed against the judgement and order dated 29.6.2013 passed by learned Additional Sessions Judge, Court No. 6, Budaun in S.T. No. 466 of 2012 whereby the appellants have been convicted for the offence punishable under sections 498-A, 304-B IPC and section 3/4 D.P. Act with a prayer that they may be released on bail during the pendency of this appeal.
(3.) Having heard learned counsel for the appellants, learned A.G.A. for the State of U.P. and after perusing the lower court record, it reveals that FIR of this case has been lodged by Kali Charan P.W. 1 on 12.3.2012 at 12.30 P.M. in respect of the incident allegedly occurred on 11.3.2012 at unknown time mentioning therein that the marriage of the deceased Smt. Malti Devi, the daughter of the first informant was solemnized with the appellant Spector @ Sipattar on 8.2.2010 and on account of the demand of dowry the deceased was killed by way of throttling on 11.3.2012. According to the post mortem examination report the deceased has sustained three ante mortem injures and the cause of death was as a result of ante mortem strangulation. In support of the prosecution version five witnesses have been examined in which P.W. 1 Kali Charan and P.W. 2 Dharamwati have been examined as witnesses of the fact. The death of the deceased is unnatural and it had occurred within two years of her marriage. From the side of the defence no witness has been examined and there is no rebuttal of the presumption of the dowry death. Under section 313 Cr.P.C. also the plea of innocence has been taken.;