Learned Advocate for the petitioner has submitted that the
petitioner is in custody for more than one year three months. The
learned Trial Judge has considered only the deposition of the child
witness namely, Kiran Pal, whose statement under Section 161 of
the Code of Criminal Procedure says that his mother consumed
poison. However, during his statement before the learned Judicial
Magistrate, recorded under Section 164 of the Code of Criminal
Procedure, he narrated that his father and grand-parents forcefully
administered poison to his mother and as a result of which his
mother died. In his deposition he narrated the same thing. On the
basis of such statement of the said child witness, the learned Trial
Judge acquitted the grand-parents but convicted the present
petitioner who is the father of the said child witness. The statement
of PW 6 before whom the victim allegedly stated that the petitioner
along with his parents compelled her to swallow poison cannot be
relied upon since neither any doctor was examined nor there was
any recorded dying declaration. The petitioner may be granted bail
on any condition since the petitioner has sufficient materials to
argue in support of his acquittal.
