STATE OF U P Vs. GULAM RASOOL

JUDGEMENT

(1.) R. C. Deepak, J. The State of U. P. has filed this Government Appeal against the judgment and order dated 21-8-1990 passed by Sri B. K. Khare, II Additional Sessions Judge, Banda in Session Trial No. 72 of 1989 whereby he acquitted the respondents Gulam Rasool, Smt. Nazmun, Km. Sitara Khatoon and Amrul Hasan for an offence punishable under Sections 498-A, 304-B IPC pertaining to Police Station Baberu, Disrict Banda. This Government appeal relates to the death of Mahrun Nishan wife of Samma Khan resident of Village Hardauli, Police Station Baberu, District Banda, who is said to have died of burn injuries on 4-5-1988 at her In-laws' house. In regard to her death Gulam Rasool, the father-in-law of the abovenamed deceased, had made an information Ex. Kha-2 at 5. 45 p. m. maintained in the G. D. dated 4-5-1988 at Police Station Baberu mentioning therein that her daughter-in-law Mahrun Nishan sustained burn injuries of self- immolation and died inside her room. On this information, the constable Babu Lal (P. W. 9) and home guard Meda Prasad of the said Police Station were sent to the place of occurrence to look after the dead-body. S. I. Guru Mukh Singh (P. W. 6) and Naib Tehsildar Bhanu Pratap Shukla visited the place of occurrence and they prepared the Panchayat Nama of the body of the deceased (Ex. Ka-7 ). The dead- body of the deceased was dispatched to the mortuary for post-mortem examination. S. I. Guru Mukh Singh recovered one tin box, one match box and one chain door in two pieces and prepared recovery memo Ex. Ka-3 and he also prepared another recovery memo Ex. Ka-4 for some burnt clothes. Dr. M. L. Anandi conducted the autopsy on the body of the deceased in presence of Dr. M. C. Mittal. He noted the cause of death as anti-mortem burn injuries. The post-mortem examination report is Ex. Ka-2.

(2.) ON the other hand Bakar Khan, the father of the deceased made an typed application dated 5-5-1988 to the Circle Officer, Baberu alleging therein that Samma Khan, the husband of the deceased was residing at Mumbai in connection with his employment and his daughter was residing at her In-laws' house; that Smt. Nazmun, Gulam Rasool, Km. Sitara Khatoon and Amrul Hasan, her parents-in- law, sister-in-law and brother-in-law respectively made the demand of dowry, harassed, tortured and burnt her to death and on the basis of this application a case as case crime No. 121 of 1988 under Sections 302, 498-A IPC (Ex. Ka-1) was registered at the said Police Station against them. The investigation into the case was taken by Dy. S. P. Lalji Shukla. He recorded the statement of S. I. Guru Mukh Singh, reached the place of occurrence followed by S. I. Guru Mukh Singh. S. I. Guru Mukh Singh prepared the site plan (Ex. Ka-5), statements of the witnesses were recorded, the case was converted under Section 304-B IPC and he filed the charge-sheet/police report under Section 498-A, 304- B IPC against them.

(3.) WE have heard learned A. G. A. for the State-appellant, Sri P. N. Misra, learned senior Counsel with the assistance of Sri R. K. S. Chauhan and Sri P. S. Yadav, learned Counsel for the accused- respondents and perused the record.