REHANA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri N.I. Jafri, Senior Advocate? assisted by Sri Gurfan Ahmad Khan, learned counsel for the revisionists, learned A.G.A. for the State of U.P. and perused the record.

(2.) The present criminal revision has been filed with a prayer to allow the revision and set aside the judgement and order dated 07.01.2020 passed by learned Sessions Judge, Badaun, in Sessions Trial No. 62 of 2019 (State Vs. Mushrarat Khan & others) in Case Crime No. 446 of 2018, under sections 498-A, 304-B IPC readwith section 3/4 Dowry Prohibition Act, Police Station- Wazir Ganj, District- Budaun upon application filed under section 319 Cr.P.C. filed by opposite party no. 2 which is pending in the court of Sessions Judge, Badaun.

(3.) In short brief facts of the case are that the revisionists of the said case were exonerated during investigation and no charge-sheet was submitted against them. The first information report of the incident was lodged by the father of the deceased Anish Khan/opposite party no.2. According to the statement of P.W.1, prior to the incident, it was told to the informant by the daughter of the deceased that her husband Mushrarat Khan, her in-laws being father-in-law Maisar Khan, mother-in-law, Sahida, devar Nasrat Khan and nanad Rihana used to physically and mentally torture her for dowry. It was also told that all the above accused demanded a new car and they also asked for 14 tola gold and one lakh rupees cash. According to the first information report, on 28.10.2016 the deceased, Maijveen was harassed and beaten up by her in-laws for demanding the said dowry and on 29.10.2016 it came within the knowledge of the first informant by his relative that her daughter Maijveen had been killed by her in-laws by poisoning. The body of the deceased was kept on the boundary of her house and all the in-laws had escaped from the house. He reported the incident at Police Station- Wazirganj against husband, Mushrarat Khan, father-in-law, Maisar Khan, mother-in-law, Sahida, devar, Nasrat Khan and nanad, Rihana but the co-accused Nasrat Khan and Rihanna got exonerated during investigation and the charge-sheet was not submitted against them, while the lower court found that Nasrat Khan and Rihanna were the participants of the said incident and therefore they needs to be summoned.