SHAKUNTALA BAI PANDEY Vs. STATE OF C.G.

JUDGEMENT

(1.) The applicant has preferred this application for grant of bail as she is arrested in connection with Crime No.56/2010 registered in Police Station-Dadhi, Distt. Durg (CG) for the offence punishable under Sections 302 and 201 read with Section 34 of Indian Penal Code.

(2.) Case of the prosecution, in brief, is that deceased Kranti Bai was married to appellant's son namely Basant Pandey seven years prior to her death i.e. on 29.5.2010. She also gave birth to a female child namely Ritu Pandey, aged about 3 years, who is presently in jail with the applicant. Basant Pandey telephoned Beni Prasad Tiwari and informed that Kranti Bai has died and asked him to give this information to her father and brother. On receiving this information, Gaya Prasad Tiwari, father and Ashok Kumar Tiwari, brother of the deceased went to village Sonpuri and found that Basan Pandey had taken the dead body of Kranti Bai to the burial place for cremation. Gaya Prasad Tiwari saw the dead body of his daughter and found ligature mark around her neck and bleeding from mouth and nostrils and thereafter he lodged report with the Police suspecting that she has been murdered by throttling. On the post mortem report, it revealed that the deceased died due to asphyxia as result of strangulation. In their diary statements, Gaya Prasad Tiwari and Ashok Kumar Tiwari stated that Basant Pandey suspected the fidelity of the deceased. He used to beat her and the applicant was also suspicious of her character and she used to watch her.

(3.) Learned counsel for the applicant submits that the applicant is an old lady, aged about 66 years. There is no eye witness to the incident. She has been implicated in the said offence only on the ground that she resided with her son in the house where the deceased died. Ritu Pandey, daughter of the deceased is also in jail with the applicant as there is no other female family member to look after her.