NISAR AHMED MOHD IQBAL ABID Vs. RUKIYA

JUDGEMENT

(1.) THESE Criminal Appeals are filed under Section 374 of the Code of Criminal Procedure, challenging the judgment of conviction and sentence dated 12th March 2004 in Sessions Case No.146/2002 on the file of the Principal Sessions Judge, Bijapur.

(2.) BRIEFLY stated the case of the prosecution is: First accused is the husband of deceased Bhanu, the second accused is the mother, the third and fourth accused are the siblings of the first accused. First accused and the deceased were married for 13 -14 months. During the marriage talks, dowry of Rs.5,000/ - was agreed to be paid. Since said amount was still due, the accused persons used to quarrel with the deceased and inflicted physical and mental torture on her; at the instigation of accused Nos.2 to 4, on 14.01.2002 between 45.30 p.m. to 5.00 p.m. first accused pushed the deceased by her neck near Petibawadi well, which is situated near his house and drowned her in the water. When she tried to come out of the well, he kicked her and drowned her in the water, thereby committed her murder.

(3.) AFTER procuring the accused persons, the learned Sessions Judge framed the charges for the offence punishable under Section 498 -A of IPC against all the accused and under Section 302 of IPC against first accused, Section 109 read with Section 302 of IPC against accused Nos.2 to 4 and an alternate charge under Section 304(B) of IPC against all the accused.