MUJAHID PASHA Vs. STATE

JUDGEMENT

(1.) The appellant and two others were charge sheeted for the offences punishable under Sections 302, 498(A) and 114 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act interalia alleging that the appellant being the husband of the deceased Shaqueela Khanum, not being satisfied with the dowry received both in cash and kind prior to and at the time of the marriage, coerced her to bring further dowry and subjected her to cruelty as well as harassment and when she failed to fulfil his unlawful demands, he intentionally committed murder of his wife - Shaqueela Khanum by pouring kerosene on her body at about 2.00 p.m. on 25.6.1998 and set her ablaze, as a result, she sustained burn injuries to which she later succumbed and thereby he committed the aforesaid offences. The other two accused persons are stated to be the relatives of the appellant.

(2.) After committal of the case, the learned Sessions Judge framed the charges for the aforesaid offences and all the three accused persons pleaded not guilty for those charges and claimed to be tried.

(3.) The prosecution in support of its case examined P.Ws. 1 to 18 and relied on documentary evidence marked as Exs. P.1 to P.22 as well as the material objects M.Os. 1 to 14. The accused persons denied all the incriminating circumstances appearing against them in the evidence of the prosecution witnesses. However they did not chose to lead any defence evidence. Their defence was one of total denial and that of false implication.