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Smt. Kamala Devi And Others v. State Of U.P. - CRIMINAL APPEAL No. - 3646 of 2007  RD-AH 16831 (24 October 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble R.C. Deepak, J.
Hon'ble K.N. Ojha, J.
Heard Sri Brijesh Sahai, learned counsel for the accused-appellants, Sri H.C. Mishra, learned counsel for the complainant, Sri Ajay Kumar, learned A.G.A. for the State and perused the record.
It has vehemently been argued by the learned counsel for the accused-appellants that the deceased Jyoti sustained burn injuries of accidental fire. She was got admitted in the hospital by her husband / Ajay Kumar where her statement was taken down by the Naib Tehsildar after certifying the mental condition of the victim wherein she has deliberately disclosed that she sustained burn injuries of accidental fire and her husband also sustained injuries in saving her, but on 12.7.2004 her second dying declaration was recorded by the Naib Tehsildar wherein she has stated that the accused-appellants caused her burn injuries resulting into her death. His further contention is that the second dying declaration appears to be tutored one and made after due consultation and thought, therefore, it does not inspire confidence.
On the other hand, learned counsel for the complainant and learned A.G.A. submit that in the first information report itself it has been disclosed that the first dying declaration was made under pressure. Contradicting their statement, learned counsel for the accused-appellants further states that in the second dying declaration the deceased has disclosed that at the time of occurrence the husband / Ajay Kumar was not present, but her this statement contradicts the fact that it was her husband who got her admitted in the hospital.
Considering the arguments of the learned counsel for the parties, the facts and circumstances of the case, but without expressing any opinion on the merit thereof at this stage, we are of the view that the accused-appellants have made out a case for their release on bail.
The appellants Smt. Kamala Devi, Sanjay and Km. Sandhya convicted under Sections 302 IPC in S.T. No. 33 of 2005, Police Station Prem Nagar, District Jhansi shall be released on bail on their furnishing personal bonds of Rs.50,000/- each with two sureties each in the like amount to the satisfaction of the court concerned.
The realisation of fine imposed upon the above-named accused-appellants shall remain stayed during the pendency of their appeal before this Court.
Dt./- 24th October, 2007.
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