STATE OF U P Vs. ABDUL SHARIF

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment dated 10 -6 -1999 passed by Sri Puran Singh, the then Special Judge (E.C. Act), Etawah in Sessions Trial No. 395 of 1993, acquitting the accused respondents Abdul Sharif (husband) and his father Mulayam Khan (father -in -law) of the deceased Fahiman of the charges under Sections 304 -B, 498 -A and 494 IPC. The accused respondent Mulayam Khan died during the pendency of the appeal and the same abated respecting him under order dated 17 -9 -2003.

(2.) THE facts may be stated briefly. The incident took place in between the night of 6/7 -1 -1990 in village Senganpur, P.S. Ajitmal, District Etawah and the report was lodged on 9 -1 -1990 at 2.30 p.m. by Suleman PW 2 (brother of the deceased). Fahiman was married with respondent No. 1. The accused respondents started treating her with cruelty, pressurising her to bring money from her parents. The informant and other members of his family tried at their level best to dissuade them but to no effect. Abdul Sharif went to Bombay and started selling biscuits there. But on her visits to her native place, he used to beat the victim. He even remarried with another lady at Bombay about a year before the incident. On 7 -1 -1990, the informant and his uncle were coming to the Sasural of the victim for further efforts on getting information about the miseries of the victim. On their way, in village Bhikhepur, they learnt that in between the night of 6/7 - 1 -1990 she has been done to death by burning. The informant and his uncle reached Senganpur. There, Awrez Khan and others informed them that the accused respondents had assaulted the victim and had burnt her alive. They went to the police station. The police, instead of taking down the F.I.R., obtained their signatures on the Panchayatnama and pressed them for compromise. On the application of the informant, the S.S.P. directed the S.H.O. to register the case. The case was then registered and the Circle Officer investigated the case. Ultimately, a charge -sheet was submitted.

(3.) THE defence was of denial and of the victim having committed suicide as she wanted to live with him (Abdul Sharif) at Bombay and somebody had told her that he had married with another lady at Bombay. An information regarding her having committed suicide was said to have been given at the police station by accused respondent Mulayam Khan (father of Sharif Khan).