SUSHIL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard both the Counsels. This application under Section 439 of Cr.P.C. has been filed for grant of bail by the applicants,, who are the accused in Crime No. 136/2002/ registered in Police Station Kawardha, for the offence punishable under Section 306 read with Section 34 of I.P.C.

(2.) The name of the deceased is Kanti Bai, wife of applicant No. 1. It is the case of the prosecution that she committed suicide by consuming poison on 21.6.2002 as the applicants harassed and tortured her demanding dowry. It is also the case of the prosecution that the deceased was issueless and on account of that the applicants were torturing her.

(3.) Learned Counsel for the applicants submitted that the inquest was held on 21.6.2002. During the inquest the relatives of the deceased were present and they did not make any complaint of demand of dowry by the applicants, which is not disputed by the Warned Counsel for the respondent/State. The only allegation against the applicants is that they were torturing the deceased demanding dowry, but the relatives have not stated anything regarding dowry when their statements were recorded during the inquest.