SHIV KARAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.381/2018, registered at Police Station Harsood, District Khandwar, for the offence punishable under section 302 of IPC.

(2.) The applicant is in judicial custody since 04.11.2018. The allegation against him is of having murdered his wife. The case of the prosecution is that the applicant and his wife after consuming liquor entered into a fight and thereafter the applicant hit his wife with stick, on account of which, she suffered injuries to the frontal bone and she died on account of cardio-respiratory failure, as stated in the postmortem report.

(3.) Learned counsel for the applicant has submitted that there all the material witnesses in this case have been examined and they have all turned hostile. PW-1 Santosh is a neighbour who states that he had called the applicant in the morning of the incident and asked him to join the witness to go to the field, upon which the applicant is stated to have been informed this witness that he cannot go as his wife has died after consuming alcohol. However, this witness has turned Signature Not Verified hostile and specifically stated that he did not see the applicant assaulting his wife at the scene of occurrence. PW-2 and 3 are the parents of the applicant who have also turned hostile and not supported the prosecution's case. They have stated that the applicant and the deceased were married for about 15 to 16 years and they lived together happily and before that, there was never any kind of quarrel or fight between the applicant and his wife. PW-4 and 5 are the neighbours and residents of the same village, as that of the applicant and they have turned hostile. PW-7 and PW-8, Sunder Bai and Chhotelal, who are the parents of the deceased, have also turned hostile and have not supported the prosecution's case, as so stated by the learned counsel for the applicant.