DEEN DAYAL Vs. STATE OF CHHATTISGARH
LAWS(CHH)-2003-7-17
HIGH COURT OF CHHATTISGARH
Decided on July 09,2003

DEEN DAYAL Appellant
VERSUS
STATE OF CHHATTISGARH Respondents

JUDGEMENT

- (1.)Heard both the counsel.
This petition under Section 439 of Cr.P.C. has been filed by the applicant for grant of bail. They are two of the accused in Crime No. 15/2003 registered in Police Station Shivrinarayan for the offence punishable under Section 304B read with Section 34 IPC. Applicant No. 1 Deen Dayal is the father-in-law and applicant No. 2 Smt. Seema is the mother-in-law of deceased Lata. The deceased was married to Navin, the son of the applicants on 19-5-2002 and she committed suicide by consuming poison on 17-12-2002.

(2.)Case of the prosecution is that the applicants and the husband of the deceased were demanding dowry of Motorcycle and fridge and on account of that she committed suicide by consuming poison.
(3.)Counsel for the applicants submitted that on the date of incident. i.e. on 17- 12-2002 during inquest Shankarlal, the father of the deceased was present and his statement was also recorded by the Police in which he has not stated that the deceased ever told him that the applicants and other accused persons were demanding dowry. According to the counsel father of the deceased has further stated in his statement that he himself had gone to the house of the deceased but the deceased never complained to him that the accused persons were demanding dowry. The case was registered on 11-1-2003 against the applicants and other accused persons. Further, statement of Shankarlal, his father of the deceased was recorded by the Police on 20-1-2003 in which he has come forward with the case of demand of dowry by the accused persons including the applicants. Counsel submitted that the applicant. No. 1 is aged about 52 years and applicant No. 2 is a lady aged about 50 years and they are in custody since 20-2-2003.


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