MOHAMMAD AZEEM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This revision has been directed against the order dated 18-7-2001 passed by Additional Sessions Judge, Court No. 2, Bareilly, framing charges against the applicants under Section 304B, I.P.C.

(2.) The prosecution story, briefly stated, was that Mohd. Azeem applicant No. 1 was the husband of Smt. Shakeera Begum deceased bride and applicant No. 2 was her elder brother-in-law. The marriage of Shakeera Begum with applicant No. 1 was performed on 19-3-1998. On 10-7-2000. Jeeshan Khan, opposite party No. 2, lodged a report against the applicants as well as their mother and Smt. Razia Begum wife of appellant No. 2 under Sections 498-A, 307, I.P.C. and the Dowry Prohibition Act with the allegation that his sister Smt. Shakeera Begum was married with applicant Azeem on 19-3-1998. After the marriage, the applicants and their other family members started demanding scooter and Rupees 50,000/- cash for running a shop in dowry and were treating his sister with cruelty for and on account of demand of dowry. A sum of Rs. 20,000.00 was paid as dowry, but the accused were not satisfied and ultimately on 18-7-2000 at about 8 P.M. the above accused persons sprinkled kerosene oil on Shakeera Begum and set her on fire. In order to conceal their evil design they took her to Bareilly, without giving information to him. On getting information, the complainant went to Bareilly hospital, where he found his sister lying on bed and she disclosed about the incident.

(3.) On the above report, a case at crime No. 392 of 2000 was registered at P.S. Kotwali Faridpur, district Bareilly. Shakeera Begum died in the hospital on 23-7-2000. Prior to her death, her dying declaration was also recorded. After investigation, the police submitted charge sheet against the applicants and Smt. Ajjo Bano and Razia Begum under Sections 304-B and 498-A, I.P.C.