ANIRUDDH TATED Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application under Section 439 of the Cr.P.C. filed by applicant Aniruddh Tated, who has been arrested on 29/04/2018 in connection with Crime No.331/2018 registered at Police Station Betul Kotwali, District Betul for the offence punishable under Sections 302, 304B, 201 read with Section 34 of the IPC.

(2.) As per prosecution case on 22/01/2017 deceased Neha s marriage was solemnized with applicant Aniruddh Tated. Deceased Neha resided jointly with her husband Aniruddh Tated and co-accused Ritu Tated, mother-in-law & Rajendra Tated father-in-law of the deceased. It is alleged that after the marriage applicant and other co-accused persons subjected her to cruelty and demand dowry. It is also alleged that several times father of the deceased gave money to them by transferring the same into deceased Neha s account. Whenever deceased Neha came to her parental house she told that applicant and other co-accused persons used to demand dowry. On 28/04/2018 deceased Neha informed her mother by sending message on WhatsApp that she was fed-up and not well and asked her to talk to her husband i.e. applicant. On the same day her mother tried to talk to coaccused Aniruddh on phone, but he did not pick up her call and thereafter, on the same day she got information about the incident. It is also alleged that on the date of incident i.e. 28.4.2018 she was brought to the hospital, where she was declared dead by the Doctor. In postmortem report, the group of Doctors found that the mode of death of the deceased is asphyxia due to suspective strangulation, probably homicidal. It is alleged that said offence has been committed by the applicant and other co-accused persons and accordingly, case has been registered against the applicant and co-accused persons.

(3.) Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated in the matter. There is no evidence on record to connect the applicant with the crime. He further submits that as per statement of Janki Bai (maidservant) at the time of incident applicant was not present in the house and was in his shop. Janki Bai has also stated that deceased Neha was in her room at fourth floor. After coming from shop Co-accused Ritu Tatde asked Janki Bai to bring water and went in the room of deceased Neha and when Janki Bai reached in that room with water, she found that applicant Aniruddh and co-accused Ritu Tatde were also present there along with the deceased. At that time, deceased was lying on the floor and thereafter, she was brought down, which shows that at the time of incident applicant was not present in the house and came to his house after the incident from his shop. He further submitted that deceased Neha was suffering from depression and took a lot of medicines. Neha was very happy with the applicant and her family members, so the allegations that applicant and other co-accused harassed her is totally false.