KAMREJ Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) SINCE both the appeals have arise out of the common judgment and order dated 10-12-2003 passed by the learned II F. T. C. /additional Sessions Judge, Haridwar in S. T. No. 190 of 2002, there fore, both the appeal are being disposed of together by this common judgment. These appeals have been preferred by the appellants against the aforementioned judgment and order whereby the appel lants have been convicted and sentenced to undergo R. I. for ten years u/s 304-B I. P. C.

(2.) BRIEF facts for the disposal of these two appeals are that the deceased Malay was married with appellant Kamrej s/o Harun about eight months back from the date of the death of the deceased according to custom prevailing in the muslim society. The informant Mohd. Intsar, father of the deceased gave the dowry according to his ability to the husband of the deceased and their relatives. The appellants were not happy with the dowry which was given to them by the informant. They started demanding further dowry and commit ting cruelty upon the deceased. The de ceased came to her parental house and informed her parents about the demand of dowry from the appellants. The ap pellants also threatened them until their demand of dowry would not be met, they would not take the deceased to her matrimonial house. Due to the interven tion of the relatives, on 01-01-2002 the appellants took the deceased to her mat rimonial house on the assurance that they would not commit any cruelty upon her on the pretext of the dowry. The appellants took the deceased to her mat rimonial house on 01-01-2002 but on 15-01-2002, the appellants set the de ceased to fire by sprinkling kerosene oil upon her. The informant Intsar All i. e. father of the deceased was also in the matrimonial house of the deceased on the date of the incident. The deceased was taken to the hospital where her dying declaration was recorded by Naib Tehsildar in the hospital. Later on in the night at about 2:00 a. m. she died. A re port in this effect was lodged at the police station on 17-01-2002 by Intsar Ali, father of the deceased. The matter was investigated by the police and a chargesheet was submitted before the Magistrate having the jurisdiction to commit the case.

(3.) THE accused-appellants were ex amined u/s 313 Cr. PC. and they have pleaded not guilty to the offence. Ac cused Kamraj had admitted the mar riage about years ago. He has stated that he was not present at the time of the incident in his home. He has also stated that he was living separately from his parents. He has further stated that he went to bring the deceased about 15 days from her parental house to her matrimonial house. He has fur ther stated that the deceased was pre paring tea in the stove after having the food. THE tank of the stove bursted and the deceased sustained burn injuries in such incident. When her condition de teriorated at about 6:00 p. m. , she was taken to the hospital. He has further stated that the dying declaration was re corded at the behest of other persons who were inimical to them. THEy prompted the deceased to falsely impli cate the appellants. He has further de nied all the other averments made in the evidence. THE other appellants i. e. Harun and Muntahan have also lined with the statement of the appellant Kamraj. THEy also denied the other averments made in the evidence. THEy further stated that they have been falsely implicated in this case.