IRASHAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the accused-appellant, learned AGA for the State and perused the record.

(2.) This appeal is directed against the judgment and order dated 09.01.2002 passed by IInd Additional Sessions Judge, FTC No.2, Unnao, in Session Trial No.29 of 1999. The accused appellant has been convicted under Section 304-B IPC and sentenced to undergo eight years rigorous imprisonment. The other three accused namely Naushad (elder brother) Smt Hamidan (mother) and Jalil Shah (father) of the accused appellant have been acquitted of all the charges.

(3.) The prosecution story as emerges is that Mehnaz (deceased) who got married to the accused-appellant three months before the date of incident i.e.31.8.1998 died out of the burn injuries on the spot. After receiving the information complainant, the mother of Shahnaz and mother-in-law of the accused-appellant along with PW2 (Rajjab Ali) visited hospital at Unnao where they found dead body of the deceased lying sealed. On 01.09.1998 when the complainant along with P.W.2 who happened to be her another son-in-law visited the hospital at Unnao they did not make any complaint in respect of the death of the deceased. However, thereafter on 03.09.1998, a written complaint was given to the Superintendent of Police, Unnao alleging that Mehnaz used to be tortured for demand of dowry by accused-appellant-husband, mother-in-law and father-in-law and brother-in-law of the deceased. They used to demand one gold chain, one gold ring and Rs.10,000/- cash and since, she being the poor and widow lady living in a hut having no means to satisfy the demand of the dowry of the accused-appellant, she could not fulfills the demand of dowry of the accused named in the complaint. The First Information Report was lodged on the basis of the said complaint alleging that the deceased was burnt alive by the accused by putting her fire after pouring kerosene oil on her body.