Shiv Prasad vs State of U.P.

V. S. Tripathi, J.—Smt. Bhoori deceased sustained burn injuries on 361999. She was admitted in Community Health Centre, Ghatampur and was medically examined on 461999 at 7.15 a.m. Superficial to deep burn injuries on whole of the body (100% burn) with kerosene oil smell were present on her person. Her dying declaration was recorded on 461999 at 7.40 a.m. by A.C.M. 1st, Kanpur Nagar, in which she stated that she was burn by Shiv Prasad out of quarrel and her husband was not present at the time of occurrence. That she was burn in the night of Thursday Le. 361999. On 661999 at 5.05 p.m. Kailash s/o the deceased lodged report at police station Ghatampur that on the evening of 361999 at about 4.00 p.m. altercation took place between him and Santosh, Shiv Prasad, Brijesh and Smt. Pan Kumari on taking water on handpump. They chased to cause injury on him. He ran away. His mother Smt. Bhoori came on the spot. The above persons caught her hold and sprinkled kerosene oil and set her at fire. She died during treatment.

During investigation Malti Devi Pradhan of the village and sisterinlaw (husband''s sister of deceased) disclosed that on 361999 altercation took place between Sanjay and Shiv Prasad. Bhoori Devi intervened and Shiv Prasad caused injury on her. Police Constables of patrol duty were called and they directed to lodge report. Bhoori Devi bolted doors of her house saying that she would implicated Shiv Prasad by killing herself. The Constables were again informed. They came at the house of the deceased and called her out of the house and pacified her. But in the night at about 1.00 a.m. Bhoori Devi set at fire on herself. She was taken to hospital, where she died. Ram Khelawan, Badalu, Constable Vijay Bahadur Singh, Smt. Shyam Kali motherinlawn of the deceased also disclosed the same story before Investigating Officer. They further disclosed that Kalian husband of the deceased tried to extinguished fire and got burn injury on his hands.

Medical report of Kalian, husband of deceased, shows that he was medically examined on 461999 at 10.30 a.m. and superficial to deep burn injures on both forearm and both hand were found.

Informant Kailash the son of deceased (P.W. 1) stated before the trial Court that he had not seen the occurrence.

Without expressing any opinion regarding merit of the case, considering the facts and circumstances mentioned above, let the accusedapplicant Shiv Prasad involved in case crime No. 271 of 1999, P.S. Ghatampur, districtKanpur Dehat, under Sections 302, 352 and 506, I.P.C. be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Chief Judicial Magistrate, Kanpur Dehat.

Bailgranted.