SHAHRUKH KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction dtd. 16/7/2022 passed by learned Additional District and Session Judge, Court No. 10, Aligarh in Session Trial No. 257 of 2019 (State Vs. Shahrukh Khan and another), arising out of Case Crime No. 403 of 2018, under Ss. 498A, 304-B I.P.C., in alternative under Ss. 302, 323, 307 I.P.C. read with Sec. 3/4 of Dowry Prohibition Act, Police Station Chandaus, District Aligarh, whereby both the accused-appellants, Shahrukh Khan and Anjum, who are husband and mother-in-law of the deceased respectively, have been convicted and sentenced to life imprisonment under Sec. 302 I.P.C. along with a fine of Rs.10,000.00 and on failure to deposit the fine to undergo additional simple imprisonment of six months, and six months simple imprisonment along with a fine of Rs.1,000.00 and on failure to deposit the fine to undergo additional simple imprisonment for one month.

(2.) The father of the deceased, Yaseen Khan lodged a written report on 21/12/2018, stating that his daughter Ruksar got married to the accused-Shahrukh Khan on 17/5/2018 as per Muslim traditions and customs. He had given dowry of rupees one lakh alongwith the motorcycle, gold chain and ring, etc., apart from five hundred grams silver jewellary. The daughter (deceased) was harassed for dowry by the family members. She was also ill treated and physically beaten for getting less dowry. On 21/12/2018 at about 9:00 a.m. while the informant's daughter was cooking food, the accused-Shahrukh Khan, allegedly assaulted her with an iron rod and, thereafter, her mother-in-law, sister-in-law and brother-in-law, poured kerosene on her, whereafter, the accused-Shahrukh Khan lighted the matchstick and the informant's daughter was dragged inside. On raising of alarm by the deceased the neighbours arrived, whereafter, the fire was doused. Nazakat, S/o Fakeer Mohammad, intimated the informant about the incident, thereafter, he called police helpline number 100. On receiving of information the police took the informant's daughter to the hospital. On the basis of aforesaid report the F.I.R. came to be lodged on 21/12/2018 at 22:25 hours in respect of the incident of the same day occurred at 9:00 a.m. The victim was apparently taken to the Community Health Clinic, Chandaus, whereafter, she was referred to the District Hospital, where the victim was taken by the police personnel. As per the medical records, the victim was got admitted at the District Hospital by the father of the victim. The victim remained admitted in the hospital and she ultimately died in the night of 04/05 of January, 2019 at 12:30 a.m.

(3.) Although the investigation proceeded in the matter, but neither the spot was inspected on the date of incident nor any recovery, etc., was made till the date of death of the deceased. The spot has been inspected by the Investigating Officer after 15 days. After the death of the victim the inquest was conducted at 2:00 p.m. on 5/1/2019. The postmortem has been conducted on the same day and the following condition of the victim has been mentioned in the postmortem report: