YAMEEN Vs. STATE OF U. P.

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred on behalf of the appellant-convict Yameen against the judgment dated 10.04.2019 passed by the Additional Sessions Judge/Fast Track Court-3, Bulandshahar in Sessions Trial No. 767 of 2015 (State of U.P Vs. Yamin and others) arising out of Case Crime No. 452 of 2015, under Section 304B, 498A, 316 I.P.C and Section 4 of D.P. Act, P.S. Kotwali Dehat, District Bulandshahar whereby the accused Yunus and Smt. Jubaida were acquitted from the charge levelled against them and held appellant Yameen guilty for the offence under Section 304B, 498A and 316 of I.P.C and Section 4 of D.P. Act and was punished for the offence under Section 304B of I.P.C with rigorous imprisonment of 10 years, for the offence under Section 498A was punished imprisonment of 2 years and fine of Rs. 5000/-, in default of payment of fine an additional imprisonment of 3 months was to be under gone, for the offence under Section 316 of I.P.C was punished with rigorous imprisonment of 10 years and fine of Rs. 7000/-, in default of payment of fine an additional imprisonment of 6 months was to be under gone, for the offence under Section 4 of D.P Act was punished with imprisonment of 1 year and fine of Rs. 5000/-, in default payment of fine an additional imprisonment of 1 month to be under gone. All the sentence were directed to run concurrently.

(2.) The brief facts giving rise to this criminal appeal are that the informant Mohd. Javed moved a written information with the police station concerned with these allegations that his sister Razina was married with Yameen on 19.03.2011. The in-laws of his sister were not satisfied with the dowry given at the time of marriage and an additional demand of one Scorpio car and Rs. 1 lakhs in cash was made and for non fulfillment of the same, his sister was subjected to physical and mental cruelty. On 11.10.2013, on the ground of the additional demand of dowry his sister was bitterly beaten, F.I.R of the same was lodged with the police station concerned by his brother Mohd. Sazid which was register as case crime no. 92 of 2013. In that case a compromise was arrived at between both the parties and it was settled that his sister would be taken to in-laws house from the parental house and accused persons will not repeat their alleged demand of dowry. The sister of informant was residing at her parental house since 09.06.2015 and she was sent to her in-laws house on 11.06.2015. On 12.06.2015 at 5 'O' clock the sister of informant was dragged by the accused persons- husband Yameen, mother-in-law Smt. Jubaida, three sister-in-laws namely Nazma, Asma and Reshma, father-in-law Yunus, devar Yaseen and Faizan, after having poured kerosene oil over the body of his sister set her ablaze. His sister was burnt 80% and with the fear of her parents she was rushed to Adbulla hospital of Bulandshahar, from there she was referred to Green hospital in Meerut. His sister was also pregnant and 5 months child was in her womb that also died in the womb. The informant was busy in the treatment of his sister, therefore, could not lodge the F.I.R and the same was lodged on 18.06.2015 but no case was registered. Thereafter, an application was moved to the Senior Superintendent of Police, Bulandshahar on which by the order of S.S.P, Bulandshahar case crime no. 452 of 2015 was registered under Sections 498A, 307, 316 of I.P.C and 3/4 of D.P. Act against the accused Yameen, Smt. Jubaida, Yunus, Nazma, Asma, Reshma, Yaseen and Faizan. During treatment the sister of informant died on 15.07.2015 in Ram Manohar Lohiya hospital New Delhi where she had been referred earlier. An application in this regard was moved by informant Javed to the Station Officer of Kotwali Dehat.

(3.) The Investigating Officer after having concluded the investigation filed charge-sheet before the court of Magistrate concerned against the accused Yameen, Smt. Jubaida and Yunus under Section 498A, 316, 304B of I.P.C and 3/4 of D.P.Act and remaining accused were exonerated. The C.J.M, Bulandshahar took cognizance on the charge-sheet and committed the case to the court of Sessions for trial.