NASEEBUDDIN; ALLAUDDIN; FARIDA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Appellants Nasibuddin (A1, husband), Alauddin (A2, real elder brother of A1) and Smt. Farida (A3, wife of A2), along with two others, were tried for the offences of section 304-B and 498-A IPC read with Sections 3/4 of Dowry Prohibition Act (hereinafter to be referred as the Act). Learned Trial Judge, vide the impugned judgment and order dated 14/20.01.2004, found the appellants guilty for all the said offences. At the same time, two other accused persons, namely, Smt. Barkat and Farukh were acquitted from all the charges. Sessions Trial No.188 of 1999 (crime no.114 of 1998) pertains to Police Station Gangnahar, District Haridwar.

(2.) The first information report was lodged on 29.06.1998 by PW3 Akbar (father of deceased Smt. Zulekha) stating that his daughter was married with A1 five years' ago. Just after she went to her matrimonial house, the accused subjected her with tormented and torturous attitude on the question of dowry. Facing such behaviour, she came to her parents' house located in Nazibabad and filed a case against the accused persons complaining the demand of dowry as well as claiming maintenance. Her husband (A1) also instituted litigations in the Court at Roorkee (a convenient place for him) for restitution of conjugal rights and one other kind of case. PW3 persuaded A1 to keep Smt. Zulekha with him but the accused persons were stiff on the demand of dowry. Nearly one month before lodging of the report, A1 came to the house of PW3 and persuaded the victim to withdraw the litigation instituted by her in Nazibabad court claiming maintenance and complaining the demand of dowry. The victim could be persuaded as such. PW3 was also happy that his married daughter had gone to her in-laws house. Thus, A1 could bring the victim in his house at village Teliwala, District Haridwar.

(3.) On 28.06.1998, PW3 got information that his daughter Smt. Zulekha has died at her in-laws house. This was informed to PW3 by his nephew (PW1) who was a rickshaw-puller in Roorkee town. So, PW3 lodged the report with the allegations that his daughter was killed for want of dowry. Chargesheet was thus, submitted against the five accused persons, including three appellants, for the offences of Section 304-B and 498-A IPC r/w Section 3/4 of the Act. Learned Trial Judge levelled the Charges accordingly and put the accused persons on trial, which resulted into conviction of the appellants as afore-stated.