- (1.) N. B. Asthana, J. The applicant in bail application No. 18926 is the younger brother of the husband of the deceased. The applicant in bail application No. 18927 is the matter of the husband of the deceased. Admit tedly there is no dispute that the deceased was married on 22-2-1991 with Raj Kishore s/o Kuber Sahu. It has also not been disputed that she died as a result of burn injuries in the night of 21/22-6-1993. The father-in- law of the deceased is said to have sent information to the father of the deceased. He came to qasba Baberu, Banda. Where the deceased was married and then lodged the F. I. R. of this incident on the same day at 5. 30 p. m. In short the allegations in the F. I. R. are that the first informant could not be satisfied the demand of dowry as a result of which the deceased was done to death. One of the grounds on which the first bail application was rejected was that the defence of the applicant was wavering. In the committing court it was argued that deceased died due to burn injuries which she received while making food on the stove. In the Sessions Court the defence was that the husband of the deceased was important as a result of which she committed suicide. It has been argued that this incident was reported by father-in-law of the deceased at the police station in which he clearly stated that she committed suicide. It has been argued that a very junior lawyer was engaged in the Court of Chief Judicial Magistrate as the bail application in such cases are normally rejected by the C. J. M. and the junior lawyer could not place the case of the applicant correctly. Nothing has been placed on the record to indi cate that a very junior lawyer was engaged to move the bail application in the Court of C. J. M. but from the information sent by the father-in-law of the deceased to the police station. It is clear that the defence of the applicants was that she committed suicide. I think in the circumstances the wavering defence taken on behalf of the applicants cannot be taken adversely against
(2.) FROM the material available on record it has to be seen prima facie as to whether it was a case of suicide or dowry death. It has been argued for the applicants that from the allegations made in the F. I. R. it would appear that only a sum of Rs. 1000 or so is alleged to be the dowry demand and that no normal person would have committed the murder of her daughter-in-law for this small sum. A close perusal of the F. I. R. would indicate that the father-in-law of the deceased was on demanding Rs. 1000 in cash and the fare charges of two tractors. The marriage party was taken in two Jeeps and two tractors. The first informant had no son. He had two daughters. The first was married to Raj Kishore while the other was unmarried. In the F. I. R. it has also been stated that the father-in-law and the mother-in-law of the deceased told the deceased several times that her father is squandering his property upon his nephews and that she should get gold ornaments from her father and also some land in her name and in case she did not do so she would not remain above and would be tarted. It would thus follow that the demand was also with respect to gold ornaments and land. In the information given by the father-in-law 'of the deceased at the police station it was no doubt alleged that she committed suicide but the reason for commission of suicide was not given. It also does not appear that such reason was given in the bail application moved before the Sessions Judge. In the first bail application moved in this Court by Sri L. K. Pathak and Sri Arun Pathak Advocate an affidavit was filed. In this affidavit it was stated that the deceased was disappointed and for that reason she com mitted suicide. No reason for disappointment was given. It was rather vehemently argued that the case of the applicants was not properly put up and that there were various reasons for which she committed suicide. In the affidavit filed with the present bail application it is stated that the father of the deceased had illicit relations with one Kumbarin and sent his legally wedded wife to her Maika where she remained for about two years continu ously and when she became pregnant there she came to the house of the informant who scolded and kicked her out of the house. The deceased was extremely should form this incident. It is also said that Taj of the deceased used to scold her that she was just like her mother want to remain at her Maika and that one day she would also became pregnant file her mother and would be kicked out from her husband's house in the same way her mother was kicked out. It is said that this was a great shock to the deceased and was the biggest reason for committing suicide. An affidavit was filed by the father of the deceased in the court below stating that his wife had died. To the same effect was his statement under Section 161, Cr. P. C. At this stage I am not inclined to come to the conclusion that she committed suicide for the reasons stated above. The second reason for committing suicide alleged is that she was having some blackishness on her nails. She used to think that she was developing leprosy, she was being treated by her father for it but there was no improvement and for that reason also she committed suicide. There is nothing in black and white on the record to substantiate this allegations.
(3.) IT has further been alleged that the husband of the deceased was about 16 years of age at the time of his marriage she was reading in B. Sc Part I. He remained away from the deceased and was being treated for impotency. He was a regular student at Banda and used to reside there. He used to come rarely to Banda to meet the deceased and since she remained unsatisfied with her husband it was another big reason for her committing suicide. Two prescriptions have been filed which were referred to during arguments. The one is dated 19-11-93 while the other appears to be dated 9-12-93. This date is not very clear. However these prescriptions are of Dr. Malkhan Singh, Surgeon Project Hospital Kasimpur, Aligarh. This place is at a far off distance from Banda. IT had not been explained during arguments as to why the husband of the deceased had to go Kasimpur, Aligarh for treatment. Dr. Malkhan Singh has described himself as a Surgeon and not a Sex Specialist, competent Doctors are available at Allahabad and also at Lucknow. On behalf of the applicants photostat copy of the admit card of the husband of the deceased bearing his photo has been filed. From this photo he does not appear to be lean and thin person so that he was not in a position to satisfy his wife. It has also been stated that Taj of the deceased used to torture her. She was mentally disturbed and that was also a reason for committing suicide. It has also been stated that the first informant was willing to marry his second daughter to applicant Nand Kishore which would rule out the possibility of the demand of dowry. These allegations have been denied on behalf of the prosecution.;