SAFIYA Vs. MUHAMMED AND ORS

JUDGEMENT

(1.) Four persons were prosecuted for the offences punishable under Sections 406, 498A read with Section 34 of Indian Penal Code. Among them, the 4th accused died during the pendency of the proceedings and the charge against him stood abated.

(2.) The proceedings originated on a private complaint and cognizance of which was taken by the court below after following necessary procedures. The 1st accused is the husband of the complainant, the 2nd accused is the wife of the 4th accused and 3rd accused is the mother-in-law of the complainant. The allegation was that at the time of marriage, 25 sovereigns of gold ornaments and a sum of Rs.25,000/- were given as dowry which was misappropriated by the accused persons. The further allegation is that right from the day of marriage, the accused persons have been ill treating the victim and that made her life in the matrimonial house miserable. The demand to bring more money was very frequently made and when the complainant was unable to heed to the demand, she was brutally beaten. While her husband, the 1st accused, was employed abroad, the other accused ill treated her and ultimately on 29.10.1999, the complainant left to her house.

(3.) On appearance of the accused, all formalities were complied with. Proceedings were taken and charge was laid for offences punishable under Sections 406, 498A read with Section 34 IPC. The accused persons pleaded not guilty. Therefore, the complainant examined PWs 1 to 4 and had Ext.P1 marked. The defence had Exts.D1 to D10 marked through the complainant.