NAWAL KISHORE Vs. STATE OF M P

JUDGEMENT

(1.) POLICE case diary of Crime No. 208/2003 of P. S. , Sausar (Chhindwara) under Sections 498-A, 304-B and 302 of IPC perused. Arguments heard.

(2.) PREETI soon after her marriage died of burn injuries. She was taken to the hospital where her Dying Declaration, dated 23-9-2003 was recorded by the Executive Magistrate. In this dying declaration she has stated that she was warming water, suddenly, the stove fell down and the clothes worn by her caught fire. There is nothing in this dying declaration incriminative against the applicant/accused who is said to he father-in-law of late Preeti. However, on 14-11-2003, statement of Bhole Singh was recorded wherein, he has stated that Preeti told him that she was being harassed and the applicant/accused in association with other family members spread kerosene on her body and set her on fire. Learned Counsel for the applicant/accused contended that the subsequent oral dying declaration must be ignored in deciding the application under Section 439, Cr. PC and the dying declaration dated 23-9-2003 recorded by the Executive Magistrate should be taken into account. Challan has been filed. On facts, aforesaid application under Section 439, Cr. PC is allowed. On executing a personal bond of Rs. 10,000/- with S. B. of like amount to the satisfaction of the Court of the CJM/mfc, the applicant/accused be released on bail for his regular appearance in criminal case arising out of Crime No. 208/2003, P. S. , Sausar. C. C. as per rules.