LALJI PATHAK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application filed by the applicant under section 439 of the Cr.P.C. for grant of bail to the applicant, who is in custody since 12.08.2019 in connection with Crime No.192/2019 for offences punishable under sections 302/34 of IPC registered at Police Station- Simaria, District- Panna.

(2.) The applicant is in judicial custody for more than one year in the aforesaid case. The allegation against him is of having committed the murder of his wife. The applicant married in the year 1995 and has four grownup children who were all adults.

(3.) The incident is stated to have taken place on 27.07.2019 where the deceased was taken to the hospital in the burnt condition by the applicant herein. At the hospital the doctor has noted that the deceased was disoriented with regard to place and time and is not in a position to give a statement and therefore no statement is taken. The note of doctor is at 10:25 a.m. however, around 11 a.m., the father and the uncle of the deceased reached there along with the other family members and the father of the deceased has later informed the police in his 161 statement that the deceased, through gestures, told him that the applicant has set her on fire. Most of the witnesses whose statements have been recorded in this case are from the family of the deceased, surprisingly the police has not recorded the 161 statements of any of the children of the deceased, even if they are not eye witnesses of the incident, they would have given relevant information with regard to the relationship between the applicant and his wife. The father of the deceased has also stated that earlier also the deceased had come to her parental home with bruises on her body and at that time, the applicant had came there on 24.07.2019 and has taken her back on a promise that he would be good with her, this incident has happened thereafter.