IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 691 of 2009 Date of decision: August 21, 2009. Sham Lal …..Petitioner. Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Anoop Rattan, Advocate. For the Respondent : Mr. A.K. Bansal, Addl.A.G. Kuldip Singh, Judge (Oral). This is an application under Section 438 Cr.P.C. for releasing the petitioner on bail in F.I.R. No. 214/09 registered on 2.8.2009 at Police Station, Sundernagar, under Section 306 IPC. The status report has been filed 2. Heard and perused the record. The learned counsel for the petitioner has submitted that petitioner is working as teacher in B.S.L. Senior Secondary School, Salapar, BBMB colony Sundernagar since 10.10.2006. The wife of the petitioner was employed in Railway Police as constable and was posted at Kurukshetra. They were married seven years ago and have two daughters about seven years and six years old. The relations between the petitioner and his wife were not cordial and they were living separately since 21.9.2006. The two daughters were living with the petitioner. In fact, the Whether the reporters of the local papers may be allowed to see the Judgment? …2… petitioner on 25.11.2008 had filed a divorce petition against Santosh Kumari. 3. On 1.8.2009, the petitioner came to his quarter during lunch hours, he found that his wife had poured kerosene oil on herself and on seeing him she tried to burn herself. The petitioner made attempts to save her and during this process, he also suffered burn injuries on his body. The petitioner is presently admitted in IGMC., Shimla. The wife of the petitioner had died due to burn injuries and a case has been registered against the petitioner. 4. The petitioner is innocent, he has committed no offence. He has been falsely implicated in the case. The petitioner is ready to join the investigation and on these grounds, the petitioner has prayed for grant of bail under Section 438 Cr.P.C. 5. The petition has been opposed by the learned Additional Advocate General on the basis of status report. He has submitted that case has been registered at the instance of Man Chand father of deceased Santosh Kumari. According to complainant on 1.8.2009 one Rajbir at about 4.32 p.m. informed his brother Ram Kumar on telephone that his daughter has been burnt. Ram Kumar disclosed this fact to the complainant, they reached Sundernagar on 2.8.2009 and were told by the police that Santosh Kumari had died on 1.8.2009. It has been alleged that earlier also the petitioner and others about three years ago at Kurukshetra tried to burn Santosh Kumari by cutting LPG pipe in the kitchen. Thereafter, Sham Lal gave knife blow to Santosh Kumari on one occasion. Sham Lal had …3… been torturing Santosh Kumari, and, therefore, Santosh Kumari has committed suicide. On this, a case has been registered. 6. It has also been stated in the status report that Santosh Kumari and Sham Lal in burnt condition were brought to Civil Hospital, Sundernagar. The doctor told that Santosh Kumari was not fit to make statement, however, statement of Sham Lal was recorded. He has stated that on 1.8.2009 he started from the school with his two daughters and reached his quarter at about 2. p.m. He opened the door and saw that clothes of Santosh Kumari were burning and she was badly burnt. He tried to put out the fire and Santosh Kumari was crying. She caught hold the petitioner and he was also burnt. The doctor has opined that total burnt body surface around 90% in case of Santosh Kumari, who ultimately died on 1.8.2009 at 7.30 p.m., burnt surface area in case of petitioner was 20-25%. The petitioner is under treatment at Indira Gandhi Hospital, Shimla. The post mortem was conducted on the body of Santosh Kumari. 7. Ganesh Chand and Vijay Kumar were the first to reach the spot. The report of viscera has not yet been received. According to witnesses, they did not hear the cries of a woman. They had however seen the petitioner wearing half pant and shirt. The witnesses had gone to the spot after hearing the cries of the children. It is the case of investigating agency that petitioner was inside the quarter at the time of incident. The custodial interrogation of the petitioner is necessary in order to find out the truth. 8. I have considered the submissions made on behalf of the parties. It is the admitted case of the petitioner that relations …4… between the deceased and the petitioner were not cordial and even a divorce petition was pending. The complainant has alleged that in the past also the petitioner had tried to burn Santosh Kumari by cutting LPG pipe line in the kitchen and he also attacked the deceased with knife. How the deceased was in the house of the petitioner at the time of incident when their relations were not cordial is to be investigated. The petitioner has given his own version regarding the burn injuries found on his person, the investigating agency is imputing burn injuries found on the person not in the manner as claimed by the petitioner. The investigating agency has pointed out that petitioner was in the quarter at the time of occurrence. 9. The petitioner has received some burn injuries on his person but the manner in which those injuries came on the person of the petitioner is to be investigated. Santosh Kumari has died. In the facts and circumstances of the case, it is not a fit case in which the petitioner is entitled to bail under Section 438 Cr.P.C. Hence, the petition is dismissed. The observations made in the order are for disposal of the petition, which shall have no bearing on the merits of the case. August 21, 2009. ( Kuldip Singh ) (Hem) Judge.