MOHD ASIF Vs. STATE OF U P

JUDGEMENT

(1.) Heard the learned counsel for the revisionists and the learned A.G.A. and have gone through the impugned order dated 23/10/2003 by which the learned Additional Sessions Judge, Court No. 13, Meerut has framed charges against the revisionists under Sections 498-A and 307 J.P.C. and Section 3/4 of Dowry Prohibition Act.

(2.) According to prosecution, Smt. Nighat Asif was married with Mohd. Asif, revisionist No. 1 on 15/10/1996. Demand for scooter and cash of Rs. one lac being not satisfied, she was subjected to cruelty by her husband and his family members. Anyhow her brother made arrangement of Rs. 20,000.00 and gave it to the accused persons on 1st July, 1997. Jt is said that on 21/8/1997 husband and his family members, who are revisionists beat her and turned her out of the house because arrangement of Rs. one lac could not be made by her father and brother for the revisionists. Jt is further stated that on 10/3/2000 when demand being not satisfied, the revisionists sprinkled kerosene oil on her and burnt her as a result of which she remained admitted for 1-1/2 months in Meerut hospital.

(3.) Learned counsel for the revisionists submits that occurrence is said to have taken place on 10/3/2000 while F.I.R. was lodged from the side of the victim on 1/8/2000. The victim was got admitted in Meerut hospital and about Rs. 70,000.00 was spent. If there was really any intention of killing the victim, the revisionists would not have admitted the victim in the hospital. Later on, it is said that talaq has taken place between the parties. Photostat copy of burn injuries has also been filed.