MASOODAHMED Vs. STATE

JUDGEMENT

(1.) The facts giving rise to this appeal are that Masroor Ahmed appellant was married to Kaneez Fatima (deceased) in January, 1985 in accordance with Muslim rites and ceremonies. She remained well for about one year with her in-laws and resided at C-193, Welcome, Seelampur. Kaneez gave birth to a baby after one year of the marriage and on the 6th day of the birth of the child, there was a function called CHATTL Chuni, the mother of Kaneez took to the house of Kaneez gold rings weighing 2 grams, silver paijebs weighing 2 tollas and 25 utencils, clothes etc. of the total value of Rs. 3,000.00 as per custom. She gave the articles to the appellant Jamani Begum, mother-in-law of Kaneez. Kaneez who was residing on the ground floor with her husband requisitioned the articles in her room, which annoyed Jamani Begum. Since that day, according to the prosecution, some quarrel started In the house. It is also urged that Masood Ahmed (father in-law of the deceased) and Jamani Begum (mother-in-law of the deceased Kaneez) asked Masroor Ahmed (husband of the deceased) to get Rs. 10.000.00 and a colour TV from the parents of the deceased. Masroor along with Kaneez came to the house of Kanez's parents, where Masroor demanded Rs. 10,000.00 to do some business. On 24.1.1988 the deceased along with her husband visited her parents' house and told her parents that her mother-in-law had quarrelled with her and spitted on her face in the presence of her husband, who kept mum. In the evening, her husband asked the deceased to accompany him back to her in-laws house, but she refused. Masroor left her and next day, as per the prosecution version, Kaneez came to her in-laws house of her own at 10.30 a.m. and at 11 a.m. or so, she committed suicide by burning herself in the house.

(2.) The charge against the appellants, namely, Masood Ahmed, Masroor, Jamani Begum, Zuber Ahmed @ Pappu is that at C-193, Welcome, Seelampur, within the jurisdiction of police station Shahdara, during a period of two years till 25.1.1988, they in furtherance of their common intention subjected Kaneez Fatima to cruelty and caused harassment to her and that on 25.1.1988 death of Kaneez Fatima occurred due to burning, on being subjected to cruelty and harassment and demands of dowery. They were charged under Section 498A/34 read with- Section 304B/34 IPC. They pleaded not guilty to the said charge and claimed trial. During trial, the prosecution examined 23 witnesses including parents of the deceased Gulam Mohd and Islam Fatima. The trial Court believing the prosecution version as correct, found all the appellants guilty for the offences under Section 498A/34 Indian Penal Code and Section 304B/34 Indian Penal Code and they were convicted and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2000.00 under Section 498A/34 IPC. Under Section 304B/34 Indian Penal Code they were sentenced to undergo 7 years rigorous imprisonment. Both the substantive sentences were ordered to run concurrently.

(3.) Aggrieved, the appellants have filed this appeal. According to the counsel for the appellants, in order to bring a case under Section 304 BIPC it is essential to prove that death of a woman has been caused by burns or bodily injury or otherwise than under normal circumstances within seven years of her marriage and that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for or in connection with any demand for dowery.