Devendra Kumar Misra vs State of U.P.

Heard learned Counsel for the Appellants and learned Additional Government Advocate on the applications moved u/s 389 Code of Criminal Procedure for the purpose of bail in pending appeals.

These appeals have been preferred by Appellants Devendra Kumar Mishra and Smt. Rama Devi alias Ramakanti after having been convicted in Sessions Trial No. 281 of 2006, u/s 302 I.P.C. vide judgment dated 12.04.2010 passed by Sessions Judge, Raibareli, and sentenced the Appellants for a maximum term of life imprisonment with fine stipulation thereof.

As the prosecution story goes, one Smt. Pooja Misra(wife of the Appellant Devendra Kumar Misra) was burnt to death within seven years of her marriage as such, charges were framed against the accused persons u/s 304-B and 498A I.P.C. read with Section 3/4 of the Dowry Prohibition Act. On an appraisal of the evidence recorded during the trial, the Appellants have been acquitted of the charges levelled u/s 304-B and 498A read with Section 3/4 of the Dowry Prohibition Act, but have been convicted u/s 302 I.P.C.

We have gone through the judgment of the court below, lower court record and also perused the dying declaration of deceased Smt Pooja Misra(Ext. K-13) wherein it has specifically been stated that she was burnt to death by Appellant, Devendra Kumar Misra i.e. her husband as well as by Rama Dcvi @ Ramakanti i.e. her Jethani

Apart from the Oer evidence put forward by the prosecution in the shape of statements of the prosecution witnesses, the dying declaration of Smt. Pooja Mishra itself is sufficient for conviction. The dying declaration is trustworthy and finds support from the evidence. Appellant, Devendra Kumar Misra is the husband of the deceased and there is specific allegation of putting on fire the deceased in the dying declaration of the deceased.

Taking into consideration the overall aspects of the matter and without commenting any further on the merits of the case, we are of the view that so far as Appellant, Devendra Kumar Misra is concerned, his prayer for bail deserves to be rejected, but taking into account the fact that Appellant, Smt. Rama Devi @ Ramakanti is a lady and is in jail since June, 2006, she may be released on bail.

Accordingly, it is directed that Smt. Rama Dcvi @ Ramakanti convict of aforesaid Sessions Trial, be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate concerned.

Realization of half of the fine from Appellant Smt. Rama Dcvi @ Ramakanti is stayed and remaining half of the fine shall be deposited by her within one month from the date of her release on bail.

Court below is directed to transmit to this Court photocopies of bond and sureties filed by the Appellant Smt. Rama Dcvi @ Ramakanti to be preserved in the record maintained in this Court.

The prayer for bail of Appellant, Devendra Kumar is hereby rejected.