MUSHTAQ ALI Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Revision under Sections 397 / 401 Cr.P.C has been preferred by Mushtaq Ali @ Guddu, Guljar, Abdul Majeed and Samim, accused-appellants, against judgment and order dated 14.08.1996, passed by Sri U.S. Tripathi, the then Sessions Judge, Kanpur Dehat, dismissing appeal of Appellant-Revisionists against judgment dated 08.12.1995 passed by 03rd Additional Civil Judge / Magistrate, Kanpur Dehat in Criminal Case No. 221 of 1995. By the judment and order dated 08.12.1995, learned Magistrate had found all the four Accused-Revisionists guilty under Section 323 read with Sections 34 , 498-A , 506 IPC and Section 3 read with Section 4 of Dowry Prohibition Act, 1961 (hereinafter referred to as "D.P. Act, 1961"). Each of them were convicted and sentenced under Section 323 IPC read with Section 34 IPC to undergo six month's imprisonment; under Section 498A IPC, 1 1/2 years imprisonment; under Section 506 IPC two years imprisonment and under Section 3 read with Section 4 of D.P. Act, 1961, three month's simple imprisonment". All the sentences were directed to run concurrently.

(2.) Prosecution case in brief is that Smt. Raisa Begum, sister of Complainant - Mohammad Nafis was married to Accused, Mushtaq Ali @ Guddu on 30.04.1991. Smt. Raisa Begum had gone to her-in-laws house with jewelry received in dowry and cash of Rs.17,000/-. After a few days of marriage, all the four Accused-Revisionists started exerting pressure on her to bring T.V and cash from her parental house. Smt. Raisa expressed her inability to bring cash and T.V, whereupon accused started beating and torturing, even kept her starving. Information of this situation was sent by complainant's sister through postal inland letter, but members of her parental home continued to advise her to spend life by conciliating and adjusting with her in-laws. On getting information about serious problems and torture subjected to her sister, Complainant, Mohammad Nafis alongwith his relatives Zafer-U-deen and Munna reached the residence of accused in village Makanpur on 24.04.1993 at about 11:00 a.m. Seeing her brother, Smt. Raisa Bano started lamenting loudly and complained that her in-laws used to beat her and pressurized for bringing T.V and cash; did not offer food or cloth and also tried to set her on fire after pouring kerosene oil but any how she escaped.

(3.) At the time of filing of complaint Raisa was pregnant. She requested her brother to take her with him lest the accused would kill her. When Complainant requested accused, Nafis to send his sister with him, all Accused-Revisionists started beating Complainant with kicks and fists and also threatened that only dead-body of Complainant's sister would be sent out of their house. Despite repeated requests by Raisa, Accused-Revisionists locked her in a room in front of Complainant and his relatives. Thereafter Complainant went to Police Station Bilhor, for lodging a report, but report was not lodged, therefore, Complainant filed complaint on 27.04.1993.