Rajaram vs State of M.P.

D.K. Paliwal, J.—Heard on the bail application. Perused the case diary.

This is first bail application u/s 439 of Cr.P.C. The applicant has been arrested in Crime No. 360/2013 registered at Police Station, Ashoknagar, District Ashoknagar (M.P.), for the offence punishable u/s 304 of IPC.

As per prosecution case, marriage of the deceased took place 3 years ago. After marriage Rajaram used to demand Motor Cycle from the deceased, when deceased told that her father is poor person, he is unable to fulfill his demand, deceased was beaten by the applicant. On 22.03.2013, deceased has telephoned her parents that her husband is beating then father of the deceased brought the deceased after two days. Applicant reached there and tried to persuade the deceased but Rajaram has abused him and threatened to kill his daughter. The deceased was not willing to go with the applicant but any how she was sent with the applicant and within a week deceased died in suspicious circumstances.

It is submitted by the learned counsel for the applicant that the applicant has falsely been implicated. He has never demanded any dowry. The dying declaration of the deceased has been recorded by the Executive Magistrate on 02.04.2013, in which deceased has stated that due to falling of Chimney upon her in the night fire caught her. It is further submitted that the statement of the parents were taken on 29.05.2013, while incident alleged to have been taken place on 02.04.2013. Applicant is in custody since 04.06.2013. Trial will take sometime. On these grounds learned counsel for the applicant prays for grant of bail.

The application is opposed by the learned Panel Lawyer.

From the perusal of the postmortem report of the deceased it appears that she has sustained burn injury to the extent of 90%.

As per dying declaration, recorded by the Executive Magistrate on 02.04.2013, it appears that deceased has stated that at the time of incident she was sleeping and Chimney fell upon her, as a result of which she has sustained burn injury. But there is also oral dying declaration made by the deceased to her mother Sheela Bai, in which deceased has categorically stated that Rajaram has demanded Motor Cycle when she refused then she was beaten by Rajaram, thereafter Rajaram has poured kerosene oil and set her on fire.

Taking into consideration that the deceased was having a child in her lap aged about 1 year. She was married with the applicant three years ago, there is oral dying declaration in which deceased has categorically stated that she was subjected to cruelty and applicant has set her on fire. Hence, applicant is not entitled to be released on bail. Accordingly, application is dismissed.