(1.) This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by the applicant, who is implicated in connection with Crime No.163/2019 registered at Police Station Tarana, District Ujjain (MP) for offence punishable under Section 306 read with Section 34 of the Indian Penal Code, 1860.
(2.) The applicant is in custody since 22.04.2019.
(3.) As per prosecution case, on 04.04.2019, on the basis of information given by Anil s/o Bansilal Dhanotiya, a murg was registered in respect of death of his wife Seema in the house by hanging herself on account of physical and mental torture given by the present applicant and other family member for not giving birth to a male child; during the course of murg inquiry, statement of the family members of the deceased Seems was recorded and in the police statement of the prosecution witnesses, it has come on record, that the applicant and his family members used to used to harass her; as a result of which, she finished her life by hanging herself. Hence, the present case has been registered against the applicant.