any grievous or fatal ante-mortem injury on the body of deceased except the ligature mark. It is then contended that the occurrence in question has occurred after expiry of a period of 3 years and 6 months from the date of marriage of applicant. Considering the nature of death of deceased, which is prima-facie homicidal, the applicant is not liable to be awarded the maximum sentence under Section 304-B IPC, in case, he is convicted. Attention of Court was then invited to the FIR wherein, it has been alleged that demand of Alto Car was subsequently raised. However, as the said demand was not fulfilled, physical and mental cruelty was committed upon the deceased. However, the allegation so made in the FIR is not substantiated by material particulars, therefore, the said allegations is a vague and bald allegation. Attention of Court was then invited to the statement of first informant recorded under Section 161 Cr.P.C., which is on record at page 27 of the paper book. The first informant in his statement has also not made any attempt to establish the said allegation inasmuch as, the material particulars, with regard to the manner of time of alleged demand have not been specified. Referring to the judgment of Supreme Court in Kahkashan Kausar @ Sonam and Others Vs. State of Bihar and Others, (2022) 6 SCC 599, it is urged by the learned counsel for applicant that since the allegations made in the FIR with regard to demand of dowry and consequential, commission of physical and mental cruelty upon deceased on account of non fulfillment of demand of dowry have not been substantiated by material particulars, therefore, the same are liable to be ignored by this Court at this stage.
