D.K. Sinha, J. - (1.) L .C.R. which was called for has been received Mr. Sanjay Kumar Pandey, learned Counsel for the Appellant moves the ad interim bail on behalf of the Appellant Md. Sajjad during the pendency of this criminal appeal.
(2.) THE sole Appellant was convicted Under Section 304 of the Indian Penal Code in case of dowry death of his wife by setting her body on fire after pouring Tarpin oil on 5.05.2008 as a result of which she succumbed on 11.05.2008 as a result of severe burn injuries and the case was instituted on 12.05.2008. Mr. Pandey, submits that there was no eye -witness of the occurrence and that the victim had sustained fire in her clothes due to accidental fire The Appellant was present there and he tried his level best to extinguish the fire from the body of his wife and in doing So he had also sustained burn injuries in his fingers Both were moved to hospital immediately with the help of the neighbour, but her life could not be saved on account of 70% burn injuries.
(3.) MR . Pandey, further submits that according to the Doctor, who held the post mortem examination of the victim, she was able to speak for few horns after sustain injury but her dying declaration could not be recorded. The allegation of demand of dowry was superfluous and the Appellant is in custody since inception for about three years as such his prayer for ad interim bail may be considered.;