Vijay Kumar Verma - (1.) THE applicant Dharmendra Kumar Sharma alias Bhola, who is the husband of Smt. Radha Sharma (hereinafter to be referred as deceased), has sought bail by means of this application under Section 439, Cr. P.C. in Case Crime No. 161 of 2008, under Sections 304B, 498A, I.P.C. and 3/4, D. P. Act, P. S., Chandausi, district Moradabad.
(2.) THE deceased Smt. Radha Sharma died due to ante-mortem injuries sustained by her on 7.3.2008, in the house of applicant. Her marriage with the applicant was solemnized about two years ago from her death. An F.I.R. was lodged by her brother Deepak Kumar Sharma on 7.3.2008 at 11.30 p.m. at P. S. Chandausi (Moradabad), where a case under Sections 304B/498A, I.P.C. and 3/4, D. P. Act was registered at Crime No. 161 of 2008 against Dharmendra Sharma (applicant herein), Jagdish Prasad, mother-in-law, Jethani, jeth Pushpendra Sharma and devar. THE allegations made in the F.I.R., in brief, are that the accused persons were causing harassment of the deceased making demand of rupees two lacs in dowry. It is further alleged in the F.I.R. that on 7.3.2008 at about 7.30 p.m., Dharmendra Kumar Sharma alias Bhola informed the complainant on telephone that his sister Smt. Radha had fallen down from roof and she was admitted in the hospital of Dr. Arvind in Sita Ashram, Chandausi, where she has been declared dead. On this information, the complainant with other persons reached the hospital and on making inquiry, he came to know that the accused persons had dashed the deceased from roof of the house, due to which, she died. THEreafter, F.I.R. was lodged by the complainant at P.S. Chandausi. After conducting inquest proceedings, the post-mortem of the dead body was got conducted on 8.3.2008. According to the post-mortem report (Annexure-7), ten ante-mortem injuries were found on the person of deceased, and she died due to shock and haemorrhage caused by these ante-mortem injuries. I have heard lengthy arguments of Sri Viresh Mishra, learned senior advocate, assisted by Sri Amit Mishra appearing for the applicant and A.G.A. for the State.
(3.) THE first and foremost submission made by learned counsel for the applicant was that when the deceased had gone to collect the clothes at the roof of the house, the monkeys had attacked on her and when she was running to save herself from attack of monkeys, she fell down from the roof of the house, due to which she sustained injuries and died in the hospital. Regarding sustaining injuries by the deceased by falling down from the roof as a result of attack of monkeys, my attention was drawn towards the photostat copies of the affidavits of Ram Kumar Sharma, Gyan Prakash Sharma and Mohan Lal (Annexure-5 containing paper Nos. 26 to 31) and it was submitted by learned counsel that on the basis of these affidavits of independent persons, it is fully established that the deceased had sustained injuries due to falling down from the roof as a result of attack of monkeys. Next submission made by learned counsel was that on sustaining injuries by the deceased, she was carried to the hospital by the father of the applicant. It was also submitted by learned counsel in this context that offence punishable under Section 304B, I.P.C. would not be made out in present case, as the deceased had sustained injuries due to falling down from roof after the attack of monkeys.;