STATE OF U P Vs. ISHTYAK

JUDGEMENT

(1.) This application for leave to appeal has been filed against a judgment and order dated 18.11.2010 passed by the Additional Sessions Judge, Court No. 1, Saharanpur in ST No. 18 of 1998 acquitting the accused-Respondent-Istyak under Section 304B, 498A IPC and 3/4 of Dowry Prohibition Act.

(2.) A first information report was lodged at 1.00 P.M. on 30.6.1988 against Istyak, the accused-Respondent, his brother Shakeel, his father Maqsood, Istyak's neighbour Jinda and Jinda's father Majeed by the informant Yusuf, P.W. 1, brother of the deceased Smt. Anwari.

(3.) The first information report alleged that the accused-Respondent and the co-accused being dissatisfied with the insufficient dowry brought by Smt. Anwari, used to harass and belabor her. They used to say that either Smt. Anwari should get a television set from her home or they would make her life difficult. Smt. Anwari had complained about this to the informant and his co-villagers, namely Shyam Singh, Vikkam Singh, Prem Pal, Tasin and Hamid. On 26.6.1988 Smt. Anwari and her husband accused-Respondent Istyak had come to the informant's village Pawarka and there in the presence of Shyam Singh, Vikram, Prem Pal, Tasin and Hamid they demanded a television set from the informant. On 28.6.1988, he learnt that the accused-Respondent and other Sasuralwalas of the deceased had given some poisonous substance, because of which she had been admitted in the district hospital, Saharanpur, but when he reached the district hospital, he found his sister dead. Then he got the post-mortem done on the corpse of the deceased and buried the dead body. However after investigation, charge sheet was submitted only against the accused-Respondent by the investigating officer, P.W. 5, C.O. Shailendra Pratap Singh.