IMMAMUDDIN Vs. STATE

JUDGEMENT

(1.) . This is a petition filed by the petitioner for his release on bail under Section 439 of the Code of Criminal Procedure.

(2.) . Briefly stated the facts of the case are that Shan Mohd. who is the son of the sister of the petitioner was married to Firdosh on 7th May, 1989. The case of the prosecution is that said Firdosh was tortured by her in-laws for not bringing one motor cycle/scooter in dowry and was given a severe beating by Mrs. Zeboo Nishan (mother-in-law). Imamuddin (petitioner), his wife Shabnam, Shan Mohd. (deceased husband) and Faimuddin. Firdosh was got treated by a private doctor, namely, Dr. Parveen on 1.2.92. Since she did not improve, she was taken to Chikitsa Nursing Home, from where she was referred to Safdarjang Hospital on 2nd February, 1992 finding it a suspected case of brain hammer- age. On 10th February, 1992 at 4.55 PM Firdosh died in Safdarjang Hospital.

(3.) . In this case FIR was registered on 19.12.92 at Malviya. Nagar P.S. under Section 498A/304B/34 Indian Penal Code against the petitioner, Dinu, Shan Mohd., Faimuddin, Smt. Zeboo Nisha and Smt. Shabnam. The aforesaid FIR was registered at the instance of Smt. Rehmati, mother of deceased Firdosh. It has been alleged by the complainant that on 10th February, 1992 she went to the house of the in- laws of her daughter Firdosh to enquireabout the health of her daughter who was admitted in Safdarjang Hospital, when at about 6.00 PM the dead body of her daughter was brought to her in-laws house. She further alleged that she was not allowed to see the dead body of her daughter and was told by Zeboo Nisha and Shabnam that her daughter has died because of pneumonia. Thereafter the petitioner alongwith two other persons gave her threats to keep mum and left her near Badkali Chowk.Nagina. She further alleged that when she reached at her house, she found that the dead body of her daughter was also there. It is further alleged that when the deceased was given the last bath, .some injuries were found on her body. The dead body of the deceased was buried at Nagina on 11th February, 1992. Statement of one Gulam Rusool who is a resident of the same locality, namely, House Rani, where the in-laws of the deceased lived, was re-corded by the police. In his statement Gulam Rusool has stated that he had seen that the deceased was given a severe beating by the petitioner as well as other accused and her head was banged against the wall on 1st February, 1992. The aforesaid beating incident has been corroborated by one lqramuddin, who is also a resident of the same area.