SALAUDDIN Vs. STATE OF U P

JUDGEMENT

(1.) Challenge in the instant Criminal Appeal is the judgment and order dated 23.04.2012 passed by Additional Sessions Judge, Court No.3, Bijnor, in Sessions Trial No. 587 of 2010, arising out of Case Crime No.2568 of 2009, Police Station Kotwali City, Bijnor, whereby the appellant Salauddin was convicted for the offence under Section 302 IPC and was sentenced to undergo imprisonment for life and also with fine of Rs.20,000/- with default stipulation of three months additional rigorous imprisonment. However, he was acquitted of the charges under Sections 498-A, 304-B IPC and Section 3/4 of the Dowry Prohibition Act.

(2.) In brief, the case of the prosecution was that the complainant Mohd. Idris @ Gama, who happens to be the brother of the deceased, submitted a typed written report at Police Station Kotwali City, Bijnor on 24.12.2009 alleging therein that marriage of his sister Gulshan was solemnized with appellant Salauddin about four years' prior to her death and sufficient dowry was given in the marriage but the appellant Salauddin and his family members were not happy with the dowry and they started demand of Rs.80,000/- cash and also one motorcycle. The father of the complainant had given Rs.5,000/- at three intervals totalling Rs.15,000/- to the husband of the deceased but it could not satisfy the appellant and his family members due to which, she was treated with cruelty and harassment to press the demand of dowry. When she used to come to her parental home then she used to tell them about this cruel behaviour in connection with demand of dowry. On 23.12.2009 at 09.00 AM, the present appellant along with his family members (who have been acquitted of the charges levelled against them) poured kerosene oil on the body of her sister and she was set ablaze. Hearing her cries, her aunt Farida reached there and saw that all the accused persons were burning the deceased Gulshan. Farida with the help of other persons extinguished the fire. Since the victim Gulshan was seriously burnt, therefore, she was taken to the hospital. The family members of her sister ran away from the spot.

(3.) On the basis of this written report, the case was registered under Sections 498-A, 307 IPC and Section 3/4 of the Dowry Prohibition Act at Police Station Kotwali City, Bijnor, on 24.12.2009 at 03.05 PM. Deceased Gulshan was medically examined on 23.12.2009 at 12.10 PM at District Hospital Bijnor by Dr. D.K. Jain, who reported the injuries of the victim as superficial to deep burn injuries on some part of head, whole face, both sides of chest and front and back of upper part of abdomen, both upper limb and outer part of right thigh. Blisters present at places. Hair singed, Peeling of skin at places. Smell of kerosene oil was present. Burn injuries were 60%. Duration was fresh. The patient was admitted and the police was informed. On 23.12.2009 at 4.20 PM, Naib Tehsildar M.L. Rathor had recorded the dying declaration of the deceased Gulshan after obtaining fitness certificate from the doctor. The Investigating Officer inspected the place of occurrence and prepared site plan. The victim Gulshan succumbed to the burn injuries on 18.01.2010 and thereafter inquest proceedings were conducted in the hospital premises and Section 304-B IPC was also added. The post-mortem on the body of the deceased was conducted on 19.01.2010 at 01.10 PM by Dr. T.P.Singh and Dr. V.K. Shukla. As per post-mortem report, the deceased was 22 years of age, rigormortis was present on all four limbs. The following ante-mortem injuries were reported by the doctor:-