THE STATE Vs. JAN ALI AND ORS.

JUDGEMENT

(1.) THIS appeal, preferred by the State under Section 378 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 22.2.1995 passed by IInd Additional Sessions Judge, Haridwar in S.T. No. 237/1992 State v. Jan Ali and Ors. whereby the learned IInd Addl. Sessions Judge acquitted the respondents -Jan Ali, Isruddin and Smt. Jamila for the charge levelled against them under Sections 498A, 304B and 323 read with Section 34 of The Indian Penal Code, 1860 (hereinafter to be referred as the IPC) and one under Section 3/4 of Dowry Prohibition Act, 1961 (hereinafter to be referred as the Act).

(2.) THERE is a report of the Chief Judicial Magistrate, Haridwar dated 29.4.2004 in which it has been stated that the respondent Isruddin has been died. Hence, the appeal against respondent Isruddin stands abated.

(3.) IN brief, the prosecution story is that Ali Jan (PW1) moved an application to S.P., District Haridwar on 12.4.1992 with the averments that his sister Mesarjahan (since deceased) was married with the respondent/accused Jan Ali before two and a half years. In the marriage they had given dowry as per their status, however, the respondents/accused were the greedy persons and they started harassing his sister for bringing less dowry and also demanded Rs. 30,000/ - cash and a colour television. It was further alleged that on 11.4.1992 at 02:00 PM when his parents went to meet his sister then the respondents/accused hurled abuses to his parents and made a demand of Rs. 30,000/ - and a colour T.V. and also threatened for dire consequences for not fulfilling the said demand. Thereafter his parents returned to home. On the same day at 06:00 PM the respondents/accused set Mesarjahan (deceased) at fire by pouring kerosene oil on her. On hearing cries of Mesarjahan, Sharafat (PW4) and Meen Ahmed reached at the place of occurrence and when these persons tried to save her then the respondents/accused beat Sharafat. Thereafter the respondents/accused took Mesarjahan to the Government Hospital, Haridwar and after admitting her in the hospital the respondents/accused ran away from the hospital. On the information, they also reached at the hospital. It was further alleged that he went to lodge the report of the said incident but the Pathri Police refused to lodge it. With the same averments, he moved the application, scribed by Najakat Ali to S.P., District Haridwar on 12.4.1992. That application is Ext. Ka -1. On the basis of said application, Chik FIR of the case was prepared. The investigation of this case was entrusted to Sub Inspector Rajpal Sharma. Mesarjahan was medically examined by Dr. B.L. Verma (PW9), who after examining her prepared the injury report i.e. Ext. Ka -7. On 12.4.1992 at 12:35 AM, dying declaration of Mesarjahan was recorded by the then Tehsildar Sri Satish Chandra (PW8), which is Ext. Ka -5. On 17.4.1992, Mesarjahan succumbed to her burn injuries. Thereafter, inquest report was prepared which is Ext. Ka -2. Along with the inquest report, sketch of the dead body and other papers were also prepared. On 18.4.1992 at 08:50 AM, post -mortem of the dead body of the deceased Mesarjahan was conducted by Dr. Rakesh Kumar (PW7), Medical Officer, H.M.G. Hospital, Haridwar. The post -mortem report is Ext. Ka -3. During the course of investigation, the I.O. recorded the statement of the witnesses and also prepared the site - plan of the place of occurrence. On completion of the investigation, the I.O. submitted the charge sheet against the respondents/accused.