SMT. LAXMI DEVI Vs. STATE OF MP

JUDGEMENT

(1.) Case Diary is perused.

(2.) Learned counsel for the rival parties are heard in this second bail application under section 439 of Cr.P.C., 1973. The first bail application was dismissed on merits vide order dated 26/09/2018 passed in M.Cr. C. No. 21803/2018. The applicant has been arrested by Police Station City Kotwali, District Morena in connection with Crime No. 1272/2017 registered in relation to the offences punishable under section 294, 323,506, 34 added section 326 and 302 of IPC.

(3.) As per prosecution story, short facts of the case are that complainant/deceased Rekha Rathore has lodged the report at police station concerned to the effect that applicant Laxmi along with co-accused i.e. her husband K.G. Dandotiya, her daughter Usha and Son Rajkumar are residing in front of complainant's house. On 27/11/2017 at about 8 'O' clock, the applicant along with co-accused by taking the side of tenant of the complainant namely Suresh Rathore told the complainant that why she had evicted her tenant namely Suresh Rathore from the house, on which, the complainant told the applicant and co-accused that the tenant Suresh Rathore was not living properly in the house, therefore, she had evicted him from the house. Thereafter, the applicant along with co-accused used abusive language against the complainant and assaulted her by kicks and fists and also threatened her to kill. Thereafter, the applicant along with co-accused brought a small bottle containing poisonous substance and forcibly put poisonous substance in the mouth of the complainant, due to which, the complainant became unconscious and was referred to JAH, Hospital, Gwalior. The applicant along with co-accused fled away from the spot. During treatment, the deceased died. On the basis of aforesaid, the applicant has been implicated in the present case.