PRABHA Vs. STATE OF M P

JUDGEMENT

(1.) Anticipating arrest in connection with Crime No. 89/2000 of P.S. Hindoria for offences punishable under Sections 498-A, 304-B/34 IPC the applicant the mother-in-law of the deceased has filed this petition under Section 438 Cr. P.C.

(2.) Undisputedly on 4-4-2000 the victim was admitted in the hospital from where an information was sent to the police; at the request of the police on the same day in presence of two witnesses her dying declaration was recorded. In her dying declaration she gave a clean chit to the present applicant rather asserting that as she was suffering with abdominal pain continuously she had consumed poison. On being asked from where she could obtain that poison she informed the officer that such tablets were kept in the stored wheat. Right from 4-4-2000 to 13-4-2000 none came forward to say that the girl was treated with cruelty or any demand was made. The allegations came to be made against the in-laws for the first time on 5-6-2000 in the statements of parents and the other relations of the deceased. The case diary does not contain even a single explanation as to why the statements of such persons could not be recorded on an earlier occasion nor the said witnesses say as to why they could not inform the police on an earlier occasion.

(3.) Taking into consideration the dying declaration the manner in which the investigation was conducted and the character of the evidence so far collected by the prosecution. I consider present to be a fit case for admitting the applicant to bail.