DINESH KUMAR CHOURASIA Vs. STATE OF M P

JUDGEMENT

(1.) This is an application under section 439(2) Code of Criminal Procedure by the brother of deceased Smt. Kiran who was the wife of non-applicant No. 2.

(2.) Deceased Kiran was married to the non-applicant No. 2 on 6/2/1985 On a demand of dowry, the father of the deceased had assured non-applicant No. 2 to give them by Dipawali of 1985. However, on account of the delay in receipt of those articles, it is alleged that non-applicant No. 2 al ways harassed the deceased, this is clear from letters Annexures A-B-C written by her to her father wherein he had given the details of the articles demanded by non-applicant No. 2 in dowry and the atrocities committed to her for want of desired items of dowry. On 15.10.1985, the deceased died of burn injuries. During investigation the aforesaid letter were seized vide seizure memo dated 26/10/1985 Annexure-E.

(3.) The non-applicant No. 2 was released on bail on the grounds that (1) dying declaration does not state who caused the burn injuries and (2) the case rests on circumstantial evidence, and (3) there is no eye-witness. It is stated that after his release on bail, he threatened the prosecution witnesses Murari Lal and Jawahar Das which was reported to the police on 24/10/1985. The applicant was threatened for which the report was lodged by him on 10/11/1985.