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Judgment
H. C. Mital, J.—The case against the accused is under Sections 304B, 498A and Section 120B read with Section 302, I. P. C. for having committed murder of his younger brother''s wife, Smt. Bhupendra Kaur. She was aged about 24 years. The photographs of the dead body and the postmortem report indicates that she was a hafty young lady aged about 24 years. On behalf of the applicant it was urged that he was not named in the dying declaration recorded by the Magistrate of the deceased that even in the first chargesheet he was not named as an accused but subsequently in supplementary chargesheet he had been made an accused for the offence under Sections 120B, 304B and 498A. The Sessions Judge has, however, also framed the charge under Section 120B read with Section 302, I. P. C.
On the other hand on behalf of the State it was urged that the dying declaration prima facie appearded to be concocted in view of the postmortem report and the report of the Chemical Examiner that on the deadbody acid burnt marks were noted, even the tongue and buccal cavity were also caroded and there was yellow discoloration. Viscera was kept and sent to the Chemical Examiner who has found presence of nitric acid therein.
3 I have perused the record containing the evidence of various persons as well as letter got published on behalf of the accused himself in paper ''GANDBEV on 5ih August, 1987.
A conspiracy is always hatched in secrecy and it is impossible to adduce
direct evidence of the same. It can be inferred from acts committed by the
accused in pursuance of the common design, and circumstantial evidence regard
ing the conduct of the accused on certain occasions and in relation to certain
matters. The evidence may have reference to the surrounding circumstances and
the conduct of the accused both before and after the alleged commission of the
crime. Something said or written can also be used for the purpose of provin
existence of conspiracy.
After a persual of all the record shown to me without meaning any
observation on merits bail is rejected at this stage.
Bail rejected.