Court No. - 43 Case :- CRIMINAL APPEAL No. - 3549 of 2010 Petitioner :- Jittu Bind & Another Respondent :- State Of U.P. Petitioner Counsel :- Ajit Kumar Singh Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the appellants, learned A.G.A. and perused
the record.
Connect with Criminal Appeal No. 3529 of 2010
It is contended by learned counsel for the appellants that appellant No.1
Jittu Bind is husband of the deceased, appellant No.2 Moti Bind is
father-in-law of the deceased, the deceased died all of a sudden, the
inference was drawn by her in-laws that she died due to snake biting,
such information was given to her father Harish Chandra, on that
information he came to the house of the appellants, in his presence the
proceedings of the inquest were completed. According to the post
mortem examination report, no ante-mortem injury was found, the
cause of death could not be ascertained, hence viscera was preserved
but in viscera report Aluminum Phosphide was recovered, the marriage
of the deceased was solemnized about 5 years prior to the alleged
incident, the allegation with regard to demand of dowry and subjecting
the deceased to the cruelty is absolutely false, baseless and is after
thought, the deceased has committed suicide on account of some other
reason, the appellant no.,2 Moti Bind is too old person, aged about 75
years, he may be released on bail.
Considering the facts, circumstances of the case and the evidence
adduced by the prosecution it appears that the marriage of the deceased
was solemnized about 5 years prior to the alleged incident, she has not
sustained any ante-mortem injury, the cause of death could not be
ascertained, hence viscera was preserved, according to the viscera
report, Aluminium Phosphide was consumed by the deceased, the
appellant Jittu Bind, being the husband of the deceased, is not entitled
for bail, his prayer for releasing him on bail is refused. Whereas the
appellant No.2 Moti Bind, who is too old person ,aged about 75 years,
is father -in -law of the deceased is entitled for bail.
Let the appellant No.2 Moti Bind convicted in S.T. No. 536 of 2004,
arising out case crime no. 49 of 2003, under sections 498-A, 304-B
I.P.C. and section ¾ D.P.Act, P.S. Baresar, District Ghazipur be
released on bail on his furnishing a personal bond and two heavy
sureties each in the like amount to the satisfaction of the Court
concerned. The realization of fine imposed upon appellant No.2 Moti
Bind shall remain stayed during pendency of the appeal.
Order Date :- 12.7.2010
Su