Vijay Kumar Verma, J. - (1.) A .G.A. has filed counter -affidavit, whereas applicant's Counsel has filed supplementary -affidavit, which are taken on record.
(2.) HEARD Sri V.P. Srivastava, learned senior Counsel, assisted by Sri Sandeep Kumar Rai, advocate, appearing for the applicant and A.G.A. for the State. The applicant Ram Chandra Yadav is the husband of deceased Smt. Savita Devi, whose murder was committed within a period of seven years of her marriage. Her grand -father Shambhu Yadav, lodged an F.I.R., on 21.6.2008, at P.S. Rani -ki -Sarai, district Azamgarh, where a case at Crime No. 658 of 2008, under Sections 498A and 304B, I.P.C. and Section 3/4, D.P. Act, was registered against Ram Chandra Yadav (applicant herein), Harkhu and Smt. Johra Devi. The allegations made in the F.I.R., in brief, are that the accused persons were causing harassment of the deceased making demand of dowry and when their demand was not fulfilled, they committed her murder.
(3.) THE first and foremost submission made by learned Counsel for the applicant is that the complainant Shambhu Yadav has been examined in trial Court in S.T. No. 57 of 2008, but he has not supported the case of prosecution and turned hostile. For this submission, my attention has been drawn towards statement of the complainant Shambhu Yadav, copy whereof has been filed as Annexure -S.A. 1 with supplementary -affidavit dated 13.7.2009, in which he has stated that the accused persons were not making any demand of dowry from her grand -daughter Savita and she was not being harassed by the accused persons.;