MOHAMMAD AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 15.10.2010 passed by Additional Sessions Judge, Court No. 13, Moradabad, in Sessions Trial No. 286 of 2003 (State of U.P. Vs. Afsar and others) arising out of Crime No. 477 of 2002 Police Station- Asmoli, District- Moradabad, whereby accused-appellants- Mohammad, Babu, Smt. Mehroj and Smt. Dilwari have been convicted and sentenced as follows:

(2.) Brief facts of the prosecution case, as discernible from record, are that on 23.09.2002 at 08.05 P.M., informant Chotey s/o Roshan Teli lodged a written report at Police Station- Asmoli, District- Moradabad with the complaint that about seven months ago, he got his daughter Nasreen married, as per wedding rituals of Islam, to one Shakir s/o Afsar r/o Village Bela ki Madhaiya, Police Station- Asmoli, District- Moradabad. He had given dowry to the best of his capacity. Dowry articles included a watch, bicycle, bed, clothes, utensils, jewellery, etc. Two months thereafter, Nasreen's husband Shakir, her brothers-in-law Mohammad and Babu, her father-in-law Afsar, her sister-in-law Mehroj and her mother-in-law Smt. Dilwari started demanding dowry from her and also assaulted her. After three months of the marriage, she was thrown out of her matrimonial home and was told to bring a motorcycle as dowry. But the informant (Nasreen's father) and his wife were not in a position to give a motorcycle as dowry. For the next three months, Nasreen lived in her paternal home. About 15 days before, her husband Shakir, her father-in-law Afsar, her mother-in-law Smt. Dilwari came to her village and asked co-villagers Liyakat Hussain s/o Allah Baksh and Amin s/o Kallan to send back Nasreen to her in-law's home, but Nasreen refused to go back and she was afraid of getting beaten up by her in-laws in connection with dowry demand. But she was convinced by the villagers and was send back to her in-law's home. Today, Dr. Saudas of village Bela ki Madhaiya came to the house of the informant and told him that his daughter was being murdered at about 04.00 P.M. Shakir and his family members are also absconding. Then the informant along with some co-villagers reached village Bela ki Madhaiya and came to know that his daughter Nasreen was first strangulated and was then assaulted with blows of 'daranti' (sickle) by her husband and in-laws, due to which she died. Report be lodged and action be taken. The written report is on record and the same is marked as Ex.Ka.1.

(3.) On the basis of written report of informant Chotey, a chik First Information Report (F.I.R.) was lodged on the same day (23.09.2009) at 20.05 hours (08.05 P.M.) at Police Station- Asmoli, District- Moradabad under Section 304B IPC against accused Shakir, Afsar, Mohammad, Babu, Smt. Mehroj and Smt. Dilwari. The chick F.I.R. is on record and the same is marked as Ex.Ka.11 Thereafter, investigation of the case was started.