SHAH MOHAMMAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal arises out of the impugned judgment and order dated 25.05.2017 passed by the Additional Sessions Judge/Special Judge, (E.C. Act), Fatehpur in Sessions Trial No. 174 of 2010 (State of U.P. Vs. Shah Mohammad and others) convicting accused-appellants Shah Mohammad and Noor Mohammad under Section 304-B, 326, 498-A of IPC and under Section 3/4 of Dowry Prohibition Act and sentencing them to undergo imprisonment for life; 10 years rigorous imprisonment, with fine of Rs.10,000/- each, in default thereof, one year additional rigorous imprisonment; three years rigorous imprisonment with fine of Rs.5,000/- each, in default six months additional simple imprisonment and two years rigorous imprisonment with fine of Rs.5000/- each, in default thereof one year additional rigorous imprisonment respectively.

(2.) In the present case, name of the deceased is Tahira Bano, wife of accused-appellant No.1 Shah Mohammad. Appellant No.2 Noor Mohammad is nephew of appellant No.1. Marriage of the deceased Tahira Bano was solemnized with appellant No.1 about 3-5 years prior to the date of incident i.e. 16.09.2009. It is said that deceased was subjected to cruelty for demand of dowry by appellant No.1 and his other family members and on 16.09.2009, father-in-law of the deceased namely Bafati alias Fakeere, accused-appellant No.2 Noor Mohammad and his sister-in-law caught hold the deceased, whereas other nephew of appellant No.1, namely, Nazeer Mohammad after pouring kerosene oil on the deceased set herself ablaze. It is further alleged that at the relevant time, accused appellant No.1 who was standing there, did not make any effort to save the deceased and it is at his instance the entire act has been done by other accused persons. Immediately after coming to know the burn incident, the family members of the deceased rushed to the spot and found no one to help the deceased. Smt. Quresha Bano (PW-1), mother of the deceased and other family members hired a vehicle and took the deceased to the hospital at 10.40 P.M. where her dying declaration was recorded on the next day i.e. on 17.09.2009 by Arun Kumar Srivastava (PW-9), Executive Magistrate. Before recording dying declaration, Executive Magistrate, had duly obtained certificate of Dr. Anupam Jaiswal (PW-3) who has stated that the deceased was in a fit state of mind to make the dying declaration. In the dying declaration, deceased has categorically stated as to the manner in which she was burnt by the appellants and their other family members.

(3.) On the basis of written report (Ex.Ka.1) lodged by Smt. Quresha Bano (PW-1), on 19.09.2009 FIR (Ex.Ka.3) was registered against appellant No.1 Shah Mohammad (husband of the deceased), deceased accused Bafati alias Fakeere (father-in-law), sister in law of the deceased and two nephews including appellant No.2 Noor Mohammad under Sections 498A, 326 of IPC read with Section 3/4 of Dowry Prohibition Act. During treatment, deceased expired on 29.09.2009.