Shiv Shanker - (1.) -This is the first bail application moved on behalf of applicant Prem Chandra Yadav, son of Samai Lal in Case Crime No. 74/2006, under Sections 304B, 498A, I.P.C. and 3/4, D.P. Act, Police Station Mau Aima, district Allahabad.
(2.) BRIEFLY the prosecution case according to the F.I.R. is that Smt. Sanju, daughter of Shanker Lal Yadav, informant had been married with Prem Chandra Yadav applicant about two years ago of the alleged occurrence. Sufficient dowry was given in the marriage but her in-laws were not satisfied and they were demanding more dowry as coloured T.V., Freeze and Rs. 50,000 in cash from her parents and due to non-fulfilment of such demand of dowry, she was subjected to cruelty and due to this reason, she was killed by the accused persons on 29.5.2006. After receiving information, her father reached at the spot where his daughter was found dead. There were several injuries on her body. Only her mother-in-law was present in rest of accused persons. Her husband, father in law and both elder sister in-laws, wives of Satish Chandra and Deep Chand accused had fled away. Her mother in law told that she committed suicide due to hanging in circle iron rod (chula) and the F.I.R. was lodged on 30.5.2006 at 5.15 p.m. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. It is contended by learned counsel for the applicant that she had committed suicide in the absence of applicant. She did not want to live in the joint family as the applicant is small businessman who lives in Delhi in the house of his elder brothers and the deceased lives in village Jai Singhpur, Mau Aima, Allahabad alongwith her parents. She wanted to live with the company of her husband being actual married woman and in utter frustration, she committed suicide. It is further contended that parents of the applicant with villagers and relatives had broken down the door and got dead body brought down from ceiling of the roof and had immediately informed parents of the deceased and also lodged the F.I.R. in the concerned police station on 30.5.2006 and on that basis, inquest report was prepared, wherein the father of deceased was made witness of inquest. Post-mortem was conducted later on and false case was concocted by the informant by lodging the F.I.R. on 30.5.2006 at 5.15 p.m. It is further contended by learned counsel for the applicant that when dead body of deceased was brought down, she had fallen down and had received injuries, so far as neck of the deceased was concerned, there is fracture of hyoid bone which can be caused by hanging. It is further contended that the parents and family members of the deceased had come and had asked for giving entire Istri Dhan and cash paid to them. Consequently parents of the applicant returned above articles and they had also pressurized parents of the applicant to get their son married with cousin sister and upon its refusal, the F.I.R. was lodged against parents, elder sister in-laws and applicant. It is further contended that father of the deceased and her three close relatives were present at the time of preparing inquest report. Nothing was disclosed regarding cruelty and demand of dowry to the concerned officer who was preparing inquest report. It is further contended that Investigating Officer had exonerated two accused persons who are nominated in the F.I.R. by filing a final report in their favour on the ground of alibi. He was also in Delhi on the date of alleged occurrence. When information regarding alleged occurrence was received to him in Delhi from applicant's family members, he alongwith brother Deep Chand was coming to Allahabad by the train by ordinary ticket and because there was no place to sit in general compartment, they entered into reserve compartment and they were checked by T.T.E. and applicant and his brother were fined and penalty was imposed which was deposited by them. It is further contended that only swelling was found in her neck and pimples were found in her body but other injuries as mentioned by the doctor in the post mortem report which are not available at the time of preparing inquest report. In such circumstances, conduct of the applicant's family was bona fide.
(3.) LEARNED A.G.A. has opposed the prayer for bail. Deceased Smt. Sanju was legally married wife of the present applicant and she died within two years from her marriage at the house of present applicant. According to the post mortem report of the deceased, the following ante-mortem injuries were found on her dead body : "1. Skull on Rt. side having a big haematoma in plarietu occitrical margin 11 cm. x 12 cm. There is subdural haematoma in the same region as well. Brain getting liquefied. 2. Abraided contused wound in both the sides of anti.chest wall from midline Rt. Side 16 cm. x 7 cm. : Lt. 12 cm. x 4 cm. about 4 cm. from midline. 3.Rt. upper limb abraided contused wound on fler aspect of arm + forearm, 32 cm. x 14 cm. Lt. upper limb abraided contused wound on fler aspect 30 cm. x 5 cm. arm + forearm. 4.Lt. upper limb abraided contused wound on fler aspect 30 cm. x 5 cm. arm + forearm. Multiple abraided contused injuries present on ant. part of neck superficial to muscle deep 1 cm. x 2 cm. There is fracture of hyoid bone as well. 5.Abraided contused wound just in thoraces lumber region in right back 12 cm. x 24 cm. x skin deep." ;