VIJAY KUMAR VERMA,J. - (1.) A .G.A. has filed counter affidavit, whereas the applicant has filed rejoinder affidavit, which are taken on record.
(2.) HEARD Sri S.P. Srivastava, Advo­cate, appearing on behalf of the applicant and AGA for the State. The Applicant Ramman lal is de­var of the deceased Smt. Surja Devi, who died within a period of seven years of her marriage due to burn injuries. An FIR was lodged by her brother Mahaveer on 6.6.2008 at P.S. Fatehganj (west), Bareilly, where a case at crime No. 443 of 2008, un­der sections 498-A, 304-B, 307, IPC and 3/4, D.P. Act, was registered against (1) Deen-dayal, (2) Sohan lal @ Udaie, (3) Smt. Imarti Devi, (4) Ramman lal (applicant herein), (5) Shomwati, and (6) Heera Kali. The allegations made in the FIR, in brief, are that the accused persons were causing harassment to the deceased making de­mand of dowry and when their demand was not fulfilled, they set her on fire, due to which she was seriously injured. Further case of the prosecution is that due to the injuries sustained by the deceased, she died in the hospital during treatment and there after the case was converted under section 304-B, IPC also.
(3.) CERTAIN arguments on merit have been made by learned Counsel for the ap­plicant, but his main submission is that being devar of the deceased, the applicant was not going to be benefited by the de­mand of dowry and he has been falsely roped in this case.;