THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH (Tejbhan @ Subham vs. State of Madhya Pradesh)

Indore, Dated: 29/09/2021 Shri S.K. Vyas, learned Senior counsel with Shri Harshwardhan Pathak, learned counsel for the applicant.

Ms. Geetanjali Chourasiya, learned Panel Lawyer for the respondent/State.

They are heard. Perused the case-diary.

This is the applicant's first application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.333/2021 registered at Police Station-Sanawad, District- Khargone for offence punishable under Sections 304-B and 498-A of the IPC. The applicant is in custody since 29.05.2021.

The allegation against the applicant is that he was involved in the aforesaid offence wherein his wife died due to burn injuries.

Counsel for the applicant has submitted that the dying declaration is also filed along with the charge sheet in which the deceased has not alleged any overt act against any person and has also stated that she had no quarrel with anybody and that she got burnt on account of chimney. Counsel has further submitted that the applicant has been falsely implicated in the offence as he happens to be husband of the decease