STATE OF U.P. Vs. MERAJ AND ORS.

JUDGEMENT

(1.) Heard the learned AGA for the State of U. P.

(2.) The application for leave to Government Appeal has been filed against the judgment and order dated 2.12.2005 passed by Additional Sessions Judge, Court No.3, Meerut in Sessions Trial No.957 of 1994 and connected Sessions Trial No.1274 of 1996 (arising out of Case Crime No.40 of 1994, P. S. Mahila Thana, District-Meerut) whereby the accused-respondents Meraz, Imtiaz @ Dulha Miyan, Km. Rukhsana, Km. Rizwana and Taj have been acquitted for the offence under Section 304B IPC and Section of Dowry Prohibition Act.

(3.) The perusal of the first information report (FIR) reveals that marriage of Smt. Farzana was solemnized with Meraz Khan about three years prior to the death of deceased. Uncle-in-law Imtiaz @ Dulha Miyan, brother-in-law (devar) Taj, sister-in-laws (nanad) Kumari Rizwana and Kumari Rukhsana and husband did not appreciate the dowry brought by deceased at the time of marriage and they continued to demand dowry and started harassing her on the score of dowry. The informant was informed about the death of his sister deceased Farzana by one of the resident of the locality. On the basis of written report, the FIR was registered at the police station against Meraz and seven others as Case Crime No.40 of 1994 under Section 304B IPC and under Section of Dowry Prohibition Act, P. S.Mahila Thana, District-Meerut on 6.5.1994 at about 16.35 hours whereafter the investigation proceeded as per law, which culminated into filing of charge sheet against accused Imtiaz @ Dulha Miyan, Taj, Rukhsana, Rizwana, Meraz and Mubarak in the above referred case of P. S. Mahila Thana, District-Meerut.