Vijay Kumar Verma - (1.) A.G.A. has filed counter-affidavit, which is taken on record.
(2.) HEARD Sri P. K. Sharma, holding brief of Sri S. K. Tripathi, learned counsel for the applicant and A.G.A. for the State. The applicant Shish Kumar, is the husband of deceased Smt. Kanti Devi, whose murder was committed within a period of seven years of her marriage in the house of applicant in the intervening night of 27/28.6.2008. Murder of son of the deceased was also committed. Shri Satish Kumar Pal (father of deceased Kanti Devi) lodged an F.I.R. on 28.6.2008 at P. S. Kannauj district Kannauj, where a case under Sections 498A, 304B, 302, I.P.C. and 3/4, D.P. Act was registered at Case Crime No. 954 of 2008 against Shish Kumar (applicant herein), Sant Ram, Girand Singh and mother of Shish Kumar. The allegations made in the F.I.R., in brief, are that the accused persons were causing harassment of the deceased making demand of dowry and when their demand was not fulfilled, they committed her murder alongwith her son Vikas. The post-mortem reports of Kanti Devi and her son Vikas, filed with Annexure-4, show that cause of death was asphyxia as a result of strangulation.
(3.) THE main submission made by learned counsel is that there was no motive for the applicant for committing the murder of his wife and son and some unknown persons appeared to have committed their murder. Next submission made by learned counsel for the applicant is that no demand of dowry was made from the deceased and allegation of demand of dowry is false and concocted.;