TAHIR AND ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) CHALLENGE in this Criminal Appeal by the two appellants Tahir, the son and Anwari, his mother, is to the impugned judgment and order dated 9.3.2007, by which Additional Sessions Judge, Court No. 6, Ghaziabad, while con­victing them under section 302 I.P.C has imposed a sentence of life imprisonment with fine of Rs. 20,000/- each with further direction that in default of payment of fine, of the two appellants shall undergo two years further rigorous imprisonment, recorded in S.T. No. 1532 of 2003, State v. Tahir and another.

(2.) THE background facts, as are mentioned in the written report, EX-Ka-1, and later on stated before the Trial Court are that Bano (deceased) daughter of in­formant Aflatoon, PW1, was married to appellant Tahir who is the son of another appellant Anwari since last eight years. Suited to his fiscal condition informant had given dowry in the marriage but, being unsatiated by dowry lust deceased was even assaulted for rapacity. Bano had complained to the informant regarding the torture meted out to her and, because of this reason, since last six-seven months she was living with her informant father at her parental home in village Kailawan. One and half months prior to her death de­ceased was brought back to his house at Shahid Nagar, Ghaziabad, by the appel­lants because of intervention of respected persons of Kailawan and Shahid Nagar.

(3.) HEAD constable Ram Pal Singh, P.W-5 prepared chick F.I.R. (Ext. Ka-4) and corresponding G.D. entry (Ext.Ka-5). Har Prasad Singh, S.S.I of Police Station Sahibabad, P.W-6, commenced investigation and after coping chick F.I.R and G.D. Entry re­corded the statement of the informant. I.O. entrusted S.I Vinay Kumar to conduct the inquest on the dead body of the deceased and he himself recorded the statements of Smt. Akhatari, PW2, and Alimmuddin, PW4, and thereafter inspected the spot and prepared the site plan Ext. Ka-6. Appellant Anwari was arrested on 1.6.2003 and her statement was recorded. Following day appellant Tahir was also arrested and his statement was also recorded. Subsequently I.O. copied inquest report and the post mortem examination report and thereafter, interrogated Aflatoon, PW1 and Salim-muddin. During course of investigation I.O. had also dispatched viscera for forensic expert examination. Concluding the inves­tigation PW 6, the I.O., laid a charge-sheet under section 302 I.P.C against the two ap­pellants which is Ext.Ka-7.