1. - Heard the learned counsel for the petitioner as well as the learned Public Prosecutor for the State.

2. The incident occurred on 1.7.2002, when Smt. Daku Bai died. Initially the investigation was on lines that she committed suicide on account of misbehaviour by the accused. Daku Bai was the sister of the mother of the accused. On 24.7.2002 Chagan Lal was examined under Section 164 of the Cr.RC. Similarly, his wife Smt. Sajjan Devi was also examined on 24.7.2002 under Section 164 of the Cr.P.C. Earlier Sajjan Devi was examined under Section 161 of Cr.RC. on 19.7.2002. There is no satisfactory explanation as to why Chagan Lal and Sajjan Devi did not report the matter to anybody on 1.7.2002 and kept quiet for more than two weeks. The learned Public Prosecutor submits that both were threatened by the accused and hence they could not pick up the courage to tell about the incident to police or to anybody else. In this respect there is variance between the statements recorded under Section 161 and 164 of the Cr.RC. In the statement recorded under Section 161 of the Cr.P.C. it is stated-that the accused threatened to kill Sajjan Devi and Chagan Lal if they disclosed about the