- (1.) Heard learned counsel for the parties. The instant bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 42/2012, registered at Manila Thana Police Station, Jodhpur for the offences under Section 304-B, 316 and 498A IPC. Learned counsel for the petitioner contends that in this case, the petitioner's son Kaushal Chand was married to the deceased Pratibha. Learned counsel submits that pratibha's clothes caught accidental fire on 4.2.2012, upon which, she immediately admitted at the burn unit of the Mahatma Gandhi Hospital, Jodhpur. Her dying declaration was recorded by the learned Judicial Magistrate on the same day. In the said dying declaration, she stated that when she was standing near the refrigerator, suddenly, her sari caught fire. The dying declaration of deceased Pratibha reads as under:--
(2.) Learned counsel submits that thereafter Pratibha continued to remain under treatment in the hospital. On the fourth day of the incident i.e. on 7.2.2012, her mother filed a written report with the SHO, Mahila Thana Police Station, Jodhpur with the allegations that her daughter was harassed for bringing less dowry by her husband, mother-in-law, sister-in-law and sister-in-law's husband. It was also alleged in the report that her in-laws set her on fire and that her statements were recorded under the pressure of her in-laws.
(3.) Learned Counsel submits that upon such FIR bring registred, the Investigation Officer moved yet another application to the CJM, Jodhpur on 7.2.2012 for recording the subsequent statement of the deceased. Such application was ultimately not pressed by the Circle Inspector on 9.2.2012. Learned counsel submits that again the Investigating Officer managed to procure an order for recording the statement of the deceased by the learned Judicial Magistrate and the deceased was examined under Section 164 Cr.P.C. on 9.2.2012 and in this statement, she alleged that her brother-in-law namely Pankaj demanded rupees three lacs from her. She further stated that her father-in-law also demanded money from her and her husband also used to taunt her on account of demand of dowry. She her father's house for days together. She further stated that her father-in-law abused her after consuming liquor. When she wanted to live in her marital home, her in-laws did not permit her to enter the house Learned counsel submits that in this statement also, there is no allegation that soon before her death, any of the accused harassed or humiliated the deceased on account of bringing less dowry. There is no specific allegation in the statement that the petitioner set fire to the deceased.;