Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as she has not committed any offence as alleged. Attention has been drawn towards the impugned FIR wherein the entire family of Raju, husband of the victim (since deceased) has been implicated including the present applicant, who is mother-in-law of the victim (since deceased). In the FIR, general allegations regarding demanding dowry and torturing the victim have been levelled against all accused persons. As per FIR, all the accused persons poured kerosene upon the body of the victim and set her on fire. He has drawn attention of this Court towards Annexure No.6 of the bail application, which is a Dying Declaration of the victim given in the hospital before the S.D.M. In such Dying Declaration, the allegations have been levelled against all accused persons. Thereafter, Sri Tiwari has drawn attention of this Court towards Annexure No.5 of the bail application, which is a post-mortem report wherein the burn injury of the victim has been shown. As per the aforesaid report, the entire body of the victim has been shown to be burnt. Therefore, Sri Tiwari has submitted that though the exact percentage of the burn has not been indicated in the injury report but the figure so drawn by the Doctor makes it clear that the victim would have sustained burn injury at least 80-90%. On that, Sri Tiwari has submitted that if any person has sustained burn injury of 80-90% or above, he/she would not be able to record his/her Dying Declaration but in the present case, the Dying Declaration has been recorded, which is improbable.
