NISHAR Vs. STATE

JUDGEMENT

(1.) NAHEED Ara Moonis, J. The instant appeal has been filed by the appellant Nisar against his conviction vide order dated 25.2.2005 passed by the Additional Sessions Judge, Court No. 5, Kanpur Dehat in S.T. No. 263 of 2003 whereby the appellant has been convicted under Section 498-A I.P.C. for one year and six months imprisonment and a fine of Rs. 5,000/- and in default of payment of fine four months further imprisonment, under Section 304-B I.P.C. for ten years rigorous imprisonment and under Section 3/4 of D.P. Act for one year imprisonment and a fine of Rs. 10,000/- and in default of payment of fine four months further imprisonment has been awarded.

(2.) THE prosecution case in nutshell is that a first information report was lodged by Ahmad Ali (P.W.4) on 13.4.2002 at 12.30 P.M. who was the uncle of the deceased in respect of the occurrence of the same day by stating that the appellant was married to his niece one year ten months before from the date of incident and at the time of marriage sufficient dowry was given by her brother but soon after the marriage her in-laws started nagging and torturing her for demanding more dowry. They were not satisfied even when the complainant brother has told them about their inability to fulfil their demand. On account of non-fulfilment of demand of dowry his niece was set on fire by her in-laws, Shafiq son of Sultan and Shafi alias Lale Khan. The complainant when received this information he reached there it was disclosed by his niece about the incident and thereafter he went to lodge the first information report. The case was registered as case Crime No. 173 of 2002, under Section 498-A I.P.C. and Section 3/4 Dowry Prohibition Act. After registration of the first information report the investigation was handed over to Anupam Sharma, S.I. (P.W.7). After the death of victim Rijwana in hospital on 15.4.2002 at 11.10 A.M. offence under Section 304-B I.P.C. was added and the same was entered in the general diary on 17.4.2002. During investigation from the spot a plastic can of kerosene oil and lighted match sticks were recovered Ex. Ka.5. The statement of the witnesses were recorded and site plan was also prepared and after conducting thorough investigation the charge sheet was submitted against accused/appellant Nisar, Safique and Shafi alias Lale Khan. Thereafter the case was committed to the court of sessions and the charges were framed against them on 12.8.2002 under Section 498-A, 304-B I.P.C. and Section 3/4 D.P. Act. All the accused pleaded not guilty and claimed to be tried.

(3.) HEARD the learned counsel for the appellant and the learned A.G.A. on behalf of the State.