JHANGALI BAI Vs. STATE OF C G

JUDGEMENT

(1.) HEARD .

(2.) THIS M.Cr.C. No. 2581/2006 is an application under Section 439 Cr.P.C. which pertains to Crime No. 101/2006 of RS. Bilaigarh, District-Raipur for the offence under Section 304-B read with Section 34 of IPC. After completion of investigation, challan has been presented. The applicants were arrested on 22-5-2006 and are in jail since then. Brief facts are that Manjulata was married to one Sadanand Jaiswal on 19-5-2005 i.e. less than a year before her death. Sadanand Jaiswal is the son of applicant No. 1 and the brother of the applicant No. 2. Along with the present applicants, Sadanand Jaiswal and Bhagwat, father-in-law of the deceased have also been prosecuted for the aforesaid offences and they are in jail. It is alleged that soon after her marriage with Sadanand Jaiswal, Manjulata was repeatedly harassed by the applicants by taunting her for not bringing quality material as dowry. On account of such harassment, it is alleged that Manjulata committed suicide in her matrimonial on 2-5-2006 by consuming poison. Learned counsel for the applicants contended that the applicants are in jail since 22-5-2006. It was also contended that case diary statements of witnesses only revealed that some taunts were hurled on Manjulata by the present applicants for bringing inferior quality material as dowry. If was contended that there is no material to show that these applicants had either demanded any dowry from Manjulata or harassed her on that count. On the other hand, Shri Ashish Shukla, learned Govt. Advocate for the State opposed the prayer. Having considered rival submissions, I have perused the case diary. It appears that the only material against the present applicants is that they used to taunt the deceased for not bringing quality material as dowry. So far as the harassment on account of demand for dowry is concerned, the allegations are mainly against the husband Sadanand Jaiswal and Bhagwat, father-in- law of the deceased.