ISHAQ Vs. STATE OF U P

JUDGEMENT

(1.) Instant criminal appeal has been filed against the judgment and order 14.03.1996 passed by 10th Additional Sessions Judge, Lucknow, in Sessions Trial No.393 of 1990 under Sections 498-A, 304-B IPC whereby and whereunder appellant Ishaq was found guilty under Section 304-B IPC and was sentenced to undergo rigorous imprisonment for a period of seven years.

(2.) The brief facts giving rise to filing of the present appeal are that complainant Idrish resident of Gangaganj, Police Station Gosainganj, Lucknow, on 18.03.1990 at 10.30 AM lodged a first information report mentioning therein that his sister Mehrunnisha was married to appellant Ishaq resident of Quasba Amethi, Police Station Gosainganj, Lucknow. The sister of the complainant continuously made a complaint in the form of information to her family members with regard to demand of dowry and cash money from the appellant and it was further informed that threatening was generally given to the deceased on the ground that her elder sister was given more dowry while she was not given much dowry in comparison to her elder sister. From time to time, on demand of the accused/appellant, since he was unemployed, some amount was generally given to him. At one point of time when the deceased was harassed on the point of demand of money and dowry just before the date of incident, she was asked by the complainant that the money will be sent to the accused/appellant after return of the father. On that assurance, she went to the house of the appellant on 17.03.1990. On 18.03.1990, one Rafiq, brother in law of the complainant, informed about the death of the deceased Mehrunnisha. The complainant immediately rushed to her sasural and found the deceased dead. On inquiry, he was informed that on account of non-fulfillment of demand of dowry, her sister was beaten severely on 17.03.1990 at about 06.00 PM due to which she died. The complainant made a first information report to the police station which was lodged as Case Crime No.55 of 1990 under Sections 498-A and 304 B IPC and thereafter inquest report was prepared. From the scene of occurrence, one slipper and rope (Rassi) were recovered and were taken into custody by the Investigating Officer. The body of the deceased was sent to medical hospital for ascertainment of the anti-mortem injuries and after investigation, charge sheet was submitted before the Court against three persons namely Smt. Hazra, Smt. Salma and appellant Ishaq. After taking cognizance of the case learned Chief Judicial Magistrate committed the case to the Court of Sessions where all the accused persons were summoned and charges were levelled against them for which they pleaded not guilty and claimed for trial.

(3.) In order to prove the prosecution case, PW-1 Mohd. Idrish - complainant, PW-2 Mohd. Atiq, PW-3 Hafij Mujeeb, PW-4 Srichandra Verma, PW-5 Mohd. Rafiq, PW-6 Mohd. Jameel, PW-7 Dr. Amar Singh, PW-8 Constable Ram Naresh Tripathi, Pw-9 Mahendra Modi, Investigating Officer, and PW-10 Maan Singh Yadav were examined.