Shiv Shanker - (1.) -Heard learned senior counsel for the applicant Sri J. S. Sengar, learned A.G.A. and perused the material on record.
(2.) BRIEFLY prosecution case according to F.I.R. is that the marriage of Suman had been solemnised with Suraj Singh alias Annoo on 6th July, 2003. Sufficient dowry was given in the marriage, however, her in-laws were not satisfied and her husband including father-in-law, mother-in-law, devar and nanad were demanding more dowry of Rs. 1 lakh for starting business for her husband. Such demand could not be fulfilled, therefore, she was subjected to cruelty by them. She had gone to her parents' house at the Holi festival and made complaint to her parents regarding demand of dowry and such cruelty upon which the first informant, who is father of the deceased went to her house of present applicant on 15.4.05 and requested not to give torture to his daughter due to non-fulfilment of demand of dowry. On 20.4.05, his younger daughter Kiran had gone to house of the present applicant to meet her sister about 11/12 O'clock and she had seen that Smt. Suman was being beaten by all the accused persons including her husband. She had tried to save her elder sister and she was also beaten. The applicant Suraj Singh opened fire upon his wife to kill her in presence of Smt. Kiran at the exhortation of Ranveer Singh, Lata Devi, Neeru and Manoj. Thereafter they fled away from the house. She was taken by Smt. Kiran in injured condition to the hospital where she was got admitted and she gave information to her father, upon which the first informant reached straightly to the hospital and the F.I.R. was lodged against all the accused persons on 21.4.05 at 10 p.m. Later on, she died due to succumb injuries. It is contended on behalf of applicant that prosecution case is that he caused fire arm injuries on the body of deceased. Injury report vide Annexure-1 was prepared by the doctor who found one fire arm wound of entry on left side of abdomen. The complaint was made by the first informant regarding medical examination again, therefore, Board was constituted and again she was medically examined on 23.4.05, in which these injuries are contusions and abrasions vide Annexure-2. Therefore, no any fire arm injury was found on the person of deceased by the Board, therefore, prosecution story becomes suspicious regarding causing fire arm injuries by the present applicant. It is further contended that due to carelessness, Smt. Suman got infected and died due to septicemia as a result of infected injuries. It is further contended that statement of Kiran, alleged injured witness and statement of Smt. Suman, deceased was recorded by the Investigating Officer wherein they have stated that the applicant had fired upon her chest. Consequently, she sustained fire arm injuries but this assertion became false by the team of doctors who examined Smt. Suman. It is further contended that the statement of first informant was again recorded by the Investigating Officer who has also repeated the same story as earlier of causing fire arm injuries from country-made pistol and in such circumstances, no case of dowry death has been made out as death of deceased was caused due to carelessness of her treatment. Learned A.G.A. has opposed the prayer for bail.
(3.) THERE are following ingredients to constitute offence under Section 304, I.P.C. read with Section 113B of Indian Evidence Act : "(a) the death of a woman was caused by burns or bodily injury or had occurred otherwise than under normal circumstances ; (b) such death should have occurred within 7 years of her marriage ; (c) the deceased was subjected to cruelty or harassment by her husband or by any relative of her husband ; (d) such cruelty or harassment should be for or in connection with the demand of dowry ; and (e) to such cruelty or harassment the deceased should have been subjected soon before her death." In the present case, there is no dispute that Smt. Suman had died within 1 year and 10 months from her marriage, meaning thereby she has died within 7 years of her marriage. So far as cruelty is concerned, it has been specifically mentioned in the F.I.R. as well as statement of prosecution witnesses that sufficient dowry was given in the marriage but accused persons were not satisfied and they were demanding more dowry as Rs. 1 lakh in cash for starting business of her husband and such demand could not be fulfilled by her parents and she complained regarding such demand to her father, mother and brother after reaching their house at Holi festival. After that the first informant who is father of deceased had gone to the house of applicant and requested to the accused persons not to harass his daughter due to non-fulfillment of demand of dowry and after five days she was beaten in presence of her younger sister and the applicant caused fire arm injuries upon the body of deceased at the exhortation of other accused persons in the presence of Kiran. She has also tried to save her sister and she was also beaten by them.;