RAMESHCHANDRA AGRAWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision has been filed by the father of deceased-daughter, who was married with respondent No. 2-Sanjay Gupta, against the order dated 8-4-2003, passed by llnd Addl. Sessions Judge, Mhow, (Smt. S. B. Rehman) in S.T. No. 383/2002, whereby rejected the prayer of the applicant for grant of time to appear and examine witness Komalbai, mother of deceased daughter and for issuance of direction to the prosecution to produce the letters written by the deceased seized during investigation by the police and also sent for examination by handwriting expert.

(2.) The important facts giving rise to this revision are as follows :

(3.) The applicant's daughter Geeta was married with respondent No. 2-Sanjay Gupta and died in the house of her in-laws because of burn injuries On report, police has investigated the matter and filed the charge-sheet against the non-applicant Nos.2 to 8 for the offences u/Ss. 498-A, 306/ 34, I.P.C. It is alleged by the prosecution that she met unnatural death/committed suicide because of ill-treatment for demand of dowry. In the charge-sheet, mother of the deceased named Komalbai is one of the important witness before whom deceased used to disclose about ill-treatment and demand of dowry. Along with charge-sheet, police has also filed seizure memo regarding seizure of number of letters written by deceased to her parents during her lifetime describing the events. Police has also filed the letter/memo regarding sending of the seized letters to handwriting expert. But these original letters and handwriting expert report were not filed by the prosecution during the course of trial and A.G.P. and In-charge of the case Shri N. C. Pant did not try to secure these letters and expert report prior to commencing of trial or during trial.