REHMAT BEGUM Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) CRL . Appeal No. 1/2001 was filed by the husband of the deceased. Crl.Appeal No.2/2001 has been filed by the mother -in -law of the deceased. By a common judgment dated 09.12.2000 and order on conviction dated 18.12.2000 both the husband and mother -in -law have been held guilty for the offence committed under Sections 498 -A and 304 -B of the Indian Penal Code, 1860 (hereinafter referred to as, "IPC"). Both the mother -in -law and husband have been sentenced to undergo seven (07) years of Rigorous Imprisonment for the offence under Section 304 -B of the IPC. The husband and mother -in -law have been sentenced to undergo Rigorous Imprisonment for three (03) years under Section 498 -A, IPC and to pay a fine of Rs. 5,000/ -, each, and in default thereof they have been directed to undergo Rigorous Imprisonment of six months. The present appeal has been filed by the mother -in -law and is directed against the aforesaid judgement and order of conviction.

(2.) THE facts as noticed by the learned Additional Sessions Judge, necessary for the disposal of the present appeal, is that on 28.09.1998 at about 3:40 a.m., information was received by the Police Post, Turqman Gate, which was recorded vide DD No.3 to the effect that Sayara Bano (wife of Rizwanuddin), was admitted in the hospital by one Kayamuddin with burn injuries. Investigation of the case was marked to SI Subodh Kant who went to LNJP Hospital along with HC Anil Dutt and Constable Surya Kant and collected the MLC of the deceased. At the Police Post, SI Surya Kant met Smt. Rauf Nisha, mother of the deceased, and recorded her statement at about 8:30 a.m. In her statement, mother of the deceased informed that Sayara Bano (deceased) was her eldest daughter and was married about eighteen (18) months ago to Rizwanuddin. After her marriage, deceased used to come to her parents' house almost every Sunday and would complain that her mother -in -law, Rehmat taunted her on small things and would say "Tumne Dahej Me Diya Kya Hai, Kabare Ka Maal. Itwar Bazar Ka De Diya Hai, Jo Is Ghar Me Rakhane Layak Hi Nai Hai". Mother of the deceased informed the police that Rizwanuddin used to come late after consuming liquor almost every day and would beat Sayara. Mother of the deceased also stated that she along with her Jethani Smt. Salma (wife of Iqbal Ahmed), had gone to meet the mother -in -law and husband of her daughter with a view to advice them and talk to them about the grievance of Sayara, however, both of them misbehaved, abused and told them that in case she wanted her daughter to be happy, she should meet the requirements of her in -laws and pay Rs. 25,000/ -. Mother of the deceased also informed the police that Fifteen (15) days prior to her death, Sayara had come to her house weeping and told them that she was being harassed by her husband and mother -in -law as the payment of Rs. 25,000/ -was not made till then. Thereafter, mother of the deceased had gone to the house of the appellant along with Miraz, (son of her sister) and had met the appellants and assured them that Rs. 25,000/ -would be paid soon and left her daughter in her in -laws house. The mother of the deceased had learnt about the admission of her daughter in LNJP Hospital in a burnt condition at 3:00 a.m. from Papo, sister of Rehmat, and she reached the hospital at about 3:30 a.m. where she found her daughter lying in the hospital with burn injuries. On the basis of the statement of the mother of the deceased, an FIR was registered.

(3.) DURING trial, twenty one (21) witnesses were examined by the prosecution. Four (4) witnesses were examined by the defence. Statement of the appellants was also recorded under section 313 of Cr.P.C. It would be useful to discuss the evidence of some of the material witnesses in detail.