- (1.) H. C. Mital, J. The case against the accused is under Sections 304-B, 498-A and Section 120-B read with Section 302, I. P. C. for having committed murder of his younger brother's wife, Smt. Bhupendra Kaur. She was aged about 24 years. The photographs of the dead body and the post-mortem report indicates that she was a hafty young lady aged about 24 years. On behalf of the applicant it was urged that he was not named in the dying declaration record ed by the Magistrate of the deceased that even in the first charge-sheet he was not named as an accused but subsequently in supplementary charge-sheet he had been made an accused for the offence under Sections 120-B, 304-B and 498-A. The Sessions Judge has, however, also framed the charge under Section 120-B read with Section 302, I. P. C.
(2.) ON the other hand on behalf of the State it was urged that the dying declaration prima facie appearded to be concocted in view of the post-mortem report and the report of the Chemical Examiner that on the dead-body acid burnt marks were noted, even the tongue and buccal cavity were also caroded and there was yellow discoloration. Viscera was kept and sent to the Chemical Examiner who has found presence of nitric acid therein. 3 I have perused the record containing the evidence of various persons as well as letter got published on behalf of the accused himself in paper 'gandbev on 5ih August, 1987. A conspiracy is always hatched in secrecy and it is impossible to adduce direct evidence of the same. It can be inferred from acts committed by the accused in pursuance of the common design, and circumstantial evidence regard- ing the conduct of the accused on certain occasions and in relation to certain matters. The evidence may have reference to the surrounding circumstances and the conduct of the accused both before and after the alleged commission of the crime. Something said or written can also be used for the purpose of provin existence of conspiracy. After a persual of all the record shown to me without meaning any observation on merits bail is rejected at this stage. Bail -rejected. .;