SHAKEEL Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision has been directed against the order dated 7.5.2003 passed by Additional District & Sessions Judge, Kanpur Nagar in State v. Shakeel and Ors. Session Trial No. 674 of 2002. Through this order the learned Addl. Sessions Judge has dismissed an application moved by the revisionists under Section 227 of Code of Criminal Procedure wherein the revisionists had prayed that no charge under Section 304-B I.P.C. and 3 D.P. Act should be framed against them. After rejecting the application, the learned Sessions Judge framed charges against the revisionists.

(2.) The brief facts of the case are that an F.I.R. was lodged with the police of P.S. Swaroop Nagar, district Kanpur Nagar on 6.12.2001 at about 6.30 P.M. against the revisionists which was under Sections 498-A/304-B I.P.C. and 3/4 of D.P. Act. The complainant of the case was Mohammad Alam, opposite party No. 2 of this revision.

(3.) According to the complainant he got his daughter Km. Shahnaz married to revisionist No. 1, Shakeel, on 29.1.2001 in accordance with Muslim customs and rites. He had given away sufficient dowry to the revisionists but they were not satisfied with the same. As a consequence immediately after Bidai of Smt. Shahnaz, all the revisionists started demanding more dowry from the complainant and after a few days they had started torturing Smt. Shahnaz physically as well as mentally so that she may pressurise her father to give the demanded dowry to the accused persons. The complainant visited the nuptial home of Smt. Shahnaz and requested the revisionists that he was not in a position to fulfil their demand of dowry and requested them that they should not misbehave and torture his daughter for the same, but all in vain. On 6.12.2001 at about 10.00 A.M. the revisionists killed Smt. Shahnaz but they did not inform the complainant or his family members. In the evening at about 5.00 P.M. some person from the locality where the nuptial home of Smt. Shahnaz is situated, informed the complainant that his daughter had died. After receiving the information, the complainant alongwith some of his family members and friends rushed to the residence of the revisionists where he found that her daughter had died and his dead body was lying on a cot unattended as all the revisionists had run away from their house. Immediately thereafter the complainant went to the police station and lodged an F.I.R. at P.M. The police reached the spot of the incident, took the dead body in its custody, conducted the Panchayatnama and sent the dead body to mortuary. The post-mortem was conducted upon the body of the deceased and as per report of the Medical Officer, cause of death could not be ascertained and, therefore, viscera was preserved. The viscera was sent for its chemical examination and as per report of the chemical examiner dated 5.4.2002 it was found that no poison was there in the stomach. The I.O. of the case after recording the evidence of the eye witnesses and other witnesses related to the incident and after preparing site plan and after completing other formalities submitted a charge sheet against all the revisionist in the court of learned Magistrate under Section 498-A/304-B I.P.C. and 3/4 of D.P. Act. The case was ultimately committed to the court of sessions wherefrom it was transferred to the court of Addl. Sessions Judge, Court No. 9. On the date of framing of charge an application under Section 227 of Code of Criminal Procedure was moved before the learned Addl. Sessions Judge and it was argued that since there was no material against the revisionists justifying the charge under Section 304-B I.P.C. and 3 D.P. Act, they should be discharged of these two offences. After hearing both the parties, learned Addl. Sessions Judge rejected the said application. As a consequence the revisionists have come up to this Court in the present revision.