LAWS(CHH)-2004-2-5

MOHITRAM Vs. STATE OF CHHATTISGARH

Decided On February 17, 2004
Mohitram Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) THE accused/applicant namely Mohitram has preferred this application under Section 439 of the Cr.PC for releasing him on bail during trial.

(2.) THE prosecution case, in brief, necessary for the disposal of this application is that deceased Matibai was married to the accused/applicant one year before the incident. On 12-2-2003 at about 11 a.m. Matibai committed suicide along with her 25 days son Manish by consuming poisonous substance. The accused/applicant gave merg intimation to the Police Station, Jarhagaon that today in the morning at about 7 a.m. he went to his agriculture field. His mother and father also went to the agriculture field. Only Matibai and his 25 days old son were at the residence. At about 11 a.m. his nephew Phulesh came to the field and informed him that his wife was not well and froth was coming out from her mouth. On hearing this he immediately rushed to the village where he found his wife dead and lying on the cot. On receiving this report police registered the merg intimation and started enquiry under Section 174 of the Cr.PC. The statements of the witnesses namely, father of deceased Chamruram, mother Mantora Bai, sister-in-law Kamlabai and other witnesses were recorded by the police during the enquiry.

(3.) THE above witnesses in their case diary statements have stated that after the marriage of Matibai with the accused/applicant when she came to her parents' house, she disclosed to her sister-in-law Kamlabai that her husband has illicit relations with the sister-in-law and he was regularly demanding Rs. 50,000.00 and he used to say that her parents are beggars, they had not given anything in the dowry: If she would not bring Rs. 50,000.00 then she would not be allowed to reside with him and he would bring his earlier wife and for bringing Rs. 50,000.00 her husband used to beat her. The father of the deceased has also corroborated the above statement of Kamlabai and even he has stated that the applicant demanded that money twice from him also and he replied that he was a poor man, therefore, he was not in a position to pay that much of amount. Ultimately she committed suicide by consuming poison. Ultimately on 14-9-2003 Sub-Inspector, P.S. Mahila Thana registered the case against the accused/applicant under Section 304B of the IPC.