IMRANA Vs. DILSHAD & ANOTHER

JUDGEMENT

(1.) The instant revision has been preferred on behalf of Smt. Imrana against the judgment and order dated 10.10.2006 passed by the learned Additional Sessions Judge, Court No.12, Muzaffar Nagar acquitting the opposite party no.1 Dilshad for the offence punishable under Section 328/511 I.P.C. in S.T. No. 172 of 2004, (State vs. Dilshad). On 5.1.2007 an order was passed to summon the trial court record and thereafter the case be listed for admission/final disposal after the receipt of the record. Since the record of the case has already been received this court is proceeding to decide the revision at the admission stage itself after perusing the record and hearing the learned counsel for the revisionist Sri Pankaj Bharti as well the learned A.G.A. Sri R.D. Yadav for the State.

(2.) The prosecution case in nutshell is that the complainant/revisionist is the wife of opposite party no.1. Marriage was solemnized according to Muslim custom and rites. A case was filed by the revisionist under Section 125 Cr.P.C. for claiming maintenance, which was allowed directing the husband to pay maintenance of Rs. 500/- per month. On 8.1.1999 an application was moved before the IInd Additional Chief Judicial Magistrate, Muzaffar Nagar for the payment of entire amount by the husband and had sought time to deposit the amount. The concerned court had fixed 18.1.1999 on furnishing bond of Rs. 50,000/- to be paid on the date fixed. On account of this the husband was bearing grudge and on 17.1.1999 at about 5 P.M. he came to the house of the complainant with a box of sweets of 1 Kg. which was having some poisonous substance and handed over to the sister of the revisionist Kumari Bhuriya aged about 6 years stating that he had bought sweets for her sister on the eve of Eid festival. At the time of giving sweets two women of her Mohalla were present. As the revisionist was not at the house at that time and returned late at night her sister had given the box of sweets on 18.1.1999 in the morning disclosing that it has been given by her husband. The revisionist suspected of some foul play and as such she had given some sweets to a dog and as soon the dog ate the sweets he became mad and in case she would have consumed the sweets she would have died. The husband Dilshad had given the sweets only in order to finish her. She went to the police station along with sweets box and lodged the first information report at police station Civil Lines against her husband Dilshad, which was registered as Case Crime No. 23 of 1999 under Sections 328 and 511 I.P.C. on 18.1.1999 at 12.25 P.M. and after investigation of the case the police swung into action and after collecting material charge sheet was submitted and the husband of the revisionist stood for trial as the charges were framed by the trial judge on 16.8.2004 under Sections 328 and 511 I.P.C.

(3.) In order to substantiate the charge against the opposite party no.1 the revisionist examined herself as P.W.1 and her sister Km. Bhuriya as P.W. 2. The Station House Officer Sunit Kumar Sharma who was the Investigating Officer as P.W. 3, had proved the report of the chemical examination Exhibit K. 2 and the charge sheet Exhibit Ka.3. P. W. 4 Inspector Omkar Singh who had proved the check first information report and the copy of the general diary entry, site plan and memo, which were exhibited as Exhibit Ka.4, Ka.5, Ka-6 and Ka.7. Thereafter the statement of the accused Dilshad was recorded under Section 313 Cr.P.C. who deposed that he had been implicated due to enmity only to cause sheer harassment and in support of his case he had filed documentary proof of first information report of case Crime No. 124 of 1997, under Sections 498-A, 323, 506 I.P.C. and Section 3/4 D.P. Act, police station Shahpur and the calendar of the relevant year 1999. After appraisal of the evidence on record the trial Judge found that the prosecution has failed to prove the guilt of the accused Dilshad and as such acquitted him of the charge under Sections 328 and 511 I.P.C. by the order impugned dated 10.10.2006.