SHAMBHOO SINGH Vs. STATE OF MP

JUDGEMENT

(1.) THIS is second application, The first was rejected on merit on 1.12.2000. Thereafter, mother of the deceased and one prosecution witness namely Upendra Singh, who happens to be the neighbourer of deceased, have been examined in the trial Court. Prosecution witness Upendra Singh deposed that the body of the deceased was taken out after breaking open the door, which was chained from inside. As regards mother of the deceased, she is silent regarding dying declaration made by the deceased. However, she stated that the deceased was unhappy because her husband was not carrying her with him at Ahmedabad, where he was serving.

(2.) IN the background of the development, it was contended by learned counsel for applicant that the deceased had, in fact, no grievance with her father in law, but she was unhappy from the conduct of her husband, who was not taking her with him at Ahmedabad and in the circumstances it appears a case of suicide. Without expressing any opinion on the merits of the case, in the facts and circumstances which appear after rejection of earlier application, application is allowed.

(3.) CERTIFIED copy as per rules.