STATE Vs. MOHD FURKAN

JUDGEMENT

(1.) Through this Petition the State seeks leave to appeal against the Judgment and Order dated 27.11.2010 whereby the accused, Respondents to this Petition, were acquitted of all charges pertaining to the commission of the offence punishable under Sections 406/498A/304B IPC.

(2.) The prosecution allegations were that Sabila had married Respondent-Mohd.Furkan as per Muslim rites on 25.03.2008 at Khureji, Delhi. She died within a year of her marriage i.e. on 15.03.2009 at her matrimonial home i.e. at H.No.14, Basti 64 Khamba, Near Masjid, Meer Dard Road, New Delhi. The prosecution alleged that intimation about the incident was received by police, I.P.Estate at around 4:47 P.M. on 15.03.2009 by DD No.27 (Ex.PW9/A). It was also alleged that this was relayed by PCR Call ( Ex.PW-17/A) at 4 :48 P.M. on 15.03.2009. The police apparently reached the site and recorded the statement of the deceased s mother-Ruksana who deposed as PW-2 during trial. PW-8 HC Aryander Kumar had registered the FIR (Ex.PW-8/B) and also proved his endorsement on the rukka vide Ex.PW-8/B. On the basis of these materials, further investigation was conducted into the incident, which included post-mortem report that suggested homicidal death. The prosecution charged the Respondent for the offences mentioned previously.

(3.) Respondent-accused pleaded not guilty and claimed trial. The prosecution relied on the testimony of PW 2 (Ruksana) and PW-3 (Shaukat), parents of the deceased Sabila, who was aged about 20 years. It is also evident from the record that the deceased was pregnant and apparently had a three months old fetus at her womb at the time of her death. The prosecution further relied upon the testimony of PWs 6,7 and 10, neighbours of the deceased s parents. After considering all the materials which included exhibits, produced during trial, the Trial Court by impugned judgment held the Respondents not guilty of the offence and acquitted them.