AKBAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in this revision is made to the order dtd. 26/9/2017, passed in Sessions Trial No. 199 of 2013, State Vs. Muslim and others, by the court of 1st Additional Sessions Judge, Roorkee, District Haridwar ("the case"). By it, an application under Sec. 319 of the Code of Criminal Procedure, 1973 ("the Code") filed by the respondent no.3 Smt. Sitara ("the informant") has been allowed and the revisionists have been summoned to face the trial for the offences 498A, 323, 324, 504, 506, 307, 120B IPC and Sec. 3/4 of the Dowry Prohibition Act, 1961 alongwith existing accused.

(2.) Heard learned counsel for the parties and perused the record.

(3.) The case has its origin in an FIR lodged on 26/3/2013 by the informant. According to it, the informant and Muslim were married about eight years prior to lodging of the FIR. The in-laws of the informant were not happy with the dowry given. The informant was tortured, harassed for and in connection with the demand of dowry. The revisionist and others harassed and demanded additional dowry. The husband of the informant had extra marital relations. The FIR is quite in detail. It also records that on 25/3/2013, in the morning about 6:00, the informant was tried to be killed by her husband by pouring kerosene oil on her. In fact, the FIR records that the husband of the informant had tried to set her ablaze. The revisionists also attacked her. It is this FIR, in which, initially, after investigation, charge sheet was submitted against three persons, namely, Muslim, Mumtaz and Intelab, but subsequently, charge sheet was also submitted against Anwari, Farzana and Gulshan. They were facing trial in the case.