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BAIL APPLN. 57/2013
MOHSIN @ VICKY
Through Petitioner Mr. Pradeep Teotia and Ms. Anupriya Yadav, Advs.
STATE
Through : Ms. Ritu Gauba, APP. S.I. Deepak Kumar, P.S.
Bhajanpura along with complainant, Tariq.
22.08,2013
ORDER
1. The deceased victim, Gulista went on missing from her house on 14^^ October, 2009. On October, 2009 at 7:40 am, the petitioner left the deceased in the casualty of GTB Hospital. She was found to be dead. The post-mortem was conducted and the following 17 injuries were found on her body:- "Extemal ante-mortem injuries:-
1. Linear scratch abrasion measuring 2 x 0.[2] cm present on medial aspect of right arm 14 cm below right axilla.
2. Linear scratch abrasion measuring 4 x 0.[2] cm present on medial aspect ofright elbow joint.
3. Reddish abrasion measuring 5x[1].[5] cm surrounded 2013:DHC:6902 by reddish blue contusions present on lower lip.
4. Reddish abrasion measuring 3x[1].[5] cm surrounded by reddish blue contusions present on right side of upper lip.
5. Reddish abrasion measuring 2x[1] cm surrounded by reddish blue contusions present on left side of upper lip just lateral to mid line.
6. Reddish abrasion measuring 2x[1] cm present on left ala of nose.
7. Reddish abrasion measuring 2x[1] cm surrounded by reddish blue contusions in an area of 2x[2] cm present around nasal septal area.
8. Reddish scratch abrasion measuring 0.5x0.[2] cm present on right side face 4 cm from mid line and 5 cm below right eye.
9. Reddish blue contusions measuring 1x[1] cm present on medial aspect of right eye just below right eyebrow and 2 cm from mid line.
10. Reddish blue contusions measuring 0.5x0.[5] cm present over medial upper quadrent of left breast 11 cm below clavicle and 6 cm from mid line.
11. Reddish blue contusions measuring 0.5x0.[5] cm present over medial upper quadrrent of left breast 4.[5] cm lateral and 2 cm below injury No. 10.
12. Reddish blue contusions measuring 2x[1] cm present over medial and upper quadrrent of left breast 4 cm medial and 1 cm above injury No. 10.
13. Reddish blue contusions measuring 0.5x0.[5] cm present over medial upper quadrrent of right breast 9 cm below clavicle and 10 cm from mid line.
14. Reddish abrasion measuring 5x0.[5] cm present on front of right leg 13 cm below knee and is vertically placed.
15. Reddish deep grazed abrasion involving in dorsum of right foot, all the five toes measuring 10 x 6 cm surrounded by reddish blue contusions in an area of 4 x 8 cm with fracture of nail plate of great toe and abrasion of nail plate of two lateral toes with nail plates of two medial toes absent due to grazing. Underline nail bed show extravassession of blood.
16. Lacerated wound measuring 1.[5] x 0.[2] x 0.[2] cm present on lateral border of right foot 9 cm in front of heel.
17. Reddish abrasion measuring 2.[5] x 0.[3] cm present on lateral aspect dorsum of right foot 2 cm above lateral border."
2. PW-1, Dr. Meghali Kelkar who conducted the post-mortem has opinedas to the causeof the deathas under;- "The cause of death:
1. Asphyxia as a result of antemortem smothering and compression ofneck.
2. All the injuries are ante-mortem in nature and are produced by blunt force impact.
3. There are signs of recent vaginal penetration, however, high and low vaginal swabs and smears are sent for analysis for presenceof semenand semen grouping."
3. The learned counsel for the petitioner submits that the petitioner had married the deceased and they were living happily from October, 2009 to 22"*^ October, 2009 when the deceased suffered an attack of asthma whereupon the petitioner took her to the hospital and informed the brother of the deceased. The learned counsel further submits that the injuries suffered by the deceased were on account of sexual intercourse.
4. The justification given by the petitioner does not appear to be true. The nature of injuries suffered by the deceased and the cause of death opined by PW-1 primafacie pointoutto the offence under Section 302 IPG.
5. Considering all the facts and circumstances of the cases, the petitioner does not deserve to be released on bail.
6. The application is therefore, dismissed.
AUGUST 22, 2013 aj J.R. MIDHA, J