Submission made by learned counsel for the applicant is that the FIR was got registered by one Rakesh Kumar Dubey, under Sections 498A and 302 IPC leveling usual allegation of dowry demand against as many as seven named accused person including the present applicant. From the FIR it has been culled out that the marriage between deceased and the applicant was solemnized way back in the year 2008. The coupled had blessed with two children a daughter and a son aged about 10 years and 8 years receptively. As mentioned in the FIR there is usual allegation of demand of four wheeler at the belated stage after 12 years of marriage. A demand of dowry seems to be in a very usual course, but fact remains that deceased had died on account of hanging. The post mortem report of the deceased reveals that the deceased has died on account of asphyxia as a result of ante mortem hanging as there is singular ligature mark over her person. Learned counsel for the applicant submitted that during investigation the police has recorded the statement of kids, namely, Km. Vaishnavi and Master Varun, in which both of them in their statements has clearly stated that in the stage of intoxication there is serious quarrel between mother and father and on the date of incident too, father has drunk heavily and severely beaten their mother resulting her mother has committed suicide by hanging herself. Indeed hanging is a bad habit and spoiled the number of domestic units. There is nothing on record to support that the action on the part of the applicant would fall within the definition of Section 107 IPC.
