Md. Sajjad vs The State of Jharkhand

D.K. Sinha, J.—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.

The sole Appellant was convicted u/s 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.

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 njury 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.

Heard, learned APP on behalf of the State.

I find prima-facie from the judgment that though there was no eyewitnesses of the occurrence, but the husband-Appellant was very much there when the occurrence took place. The witnesses produced on behalf of the prosecution were consistent that the husband-Appellant used to assault the deceased and in this connection a Panchayati was held wherein the Appellant had assured that he would not assault or misbehave with the deceased.

The victim died within seven years of her marriage and the witnesses corroborated the allegation of demand of dowry against the Appellant during her lifetime with the demand of property to which she used to convey her miseries to her bro her and mother.

In the facts and circumstances, I am not inclined and hence prayer for ad interim bail of Md. Sajjad is dismissed on merit at this stage Put up this appeal under the heading "for hearing" according to age.