RAVINDRA SINGH,J. - (1.) HEARD Sri Rajul Bhargava, learned Counsel for the applicant, learned A.G.A. and Sri P.N. Dwivedi, learned Counsel for the complainant.
(2.) IT is submitted by learned Counsel for the applicant that in the present case a F.I.R. was lodged under Section 302 I.P.C. with the allegation that Smt. Sushila alias Mayawati, wife of the applicant was murdered on 26 -2 -2005 at about 6.00 p.m. Its F.I.R. was lodged on 18 -3 -2005 about 6.45 p.m. by father of the deceased in case Crime No. 63 of 2005 P.S. Kosi Kalan, District Mathura but the offence was converted under Section 306 I.P.C. during investigation. According to the prosecution version, the deceased was beaten by the applicant and other co -accused persons and she was locked in a room. She was caught hold by the co -accused Kesharia, Mani Ram then accused Parshu Ram and Smt. Banso poured a kerosene oil on the deceased and she was set on fire by the applicant. The deceased received burn injuries. The applicant is husband of the deceased. The applicant and other co -accused run away from their house. The deceased in a injured condition was brought to D.P.L. Nursing Home by the other villagers. From there, she was shifted to Shafdarganj Hospital, Delhi where she died.
(3.) IN the present case, a dying declaration was recorded by the Inspector Balvir Singh of Police Station Sarojni Nagar, Delhi. There is specific allegation against the applicant as alleged in the F.I.R.;