PUNAM CHAND GOLCHA Vs. STATE OF C.G

JUDGEMENT

(1.) This petition under Section 439 of Cr.P.C. has been filed by applicants Punam Chand Golcha and Pratila Golcha for grant of bail. They are the accused in Crime No. 112 of 2002 registered in Ranchirai Police Station, District Durg for the offence punishable under Section 304B read with Section 34 of I.P.C.

(2.) Name of deceased is Gayatri, daughter-in-law of the applicants. The case of prosecution is that the applicants were demanding dowry of gold ornaments and harassing the deceased; on account of that she committed suicide by hanging in the house at Bilhari on 28.10.2002 at 8.00 a.m.

(3.) Learned Counsel appearing for the applicants submitted that the father of the deceased was present in the house on the date of the incident. In fact, the applicants and the father of the deceased took the deceased to the hospital but she died oil the way. The father of the deceased was also present during the inquest, but he did not make any complaint against the applicants. He filed a complaint only on 18.11.2002 and thereafter his statement was recorded under Section 161 of Cr.P.C. in which he has stated that the applicants were demanding dowry and on account of that the deceased committed suicide. It is not in dispute that the father of the deceased was present and he signed the inquest Panchanama and he did not make any complaint against the applicants. But he filed the complaint only on 18.11.2002.