NAFEES KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred by the appellants being aggrieved by the judgment and order dtd. 13/2/2009 passed in Sessions Trial No.69/2008 by the learned Ist Additional Sessions Judge, Seoni; convicting the appellants herein for the offence under Sec. 498-A of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for a period of one year and fine of Rs.1000.00 with default stipulation of additional rigorous imprisonment of 3 months in addition thereto, the appellants have also been convicted for the offence under Sec. 302 read with Sec. 34 of the Indian Penal Code sentencing them to undergo rigorous imprisonment for life and fine of Rs.1000.00 with default stipulation of additional rigorous imprisonment of 3 months.

(2.) The facts necessary to be stated for disposal of the instant appeal are that the deceased Yashmin was married to appellant no.1 Nafees Khan in the year 2006. The appellant no.2 Quresha Bi is the mother-in-law of the deceased Yashmin. The appellants started harassing Yashmin for demand of dowry just after the marriage. On 19/4/2008 Yashmin was brought to the District Hospital Seoni with severe burns. On the same day itself her dying declaration was recorded. In her dying declaration she stated that her marriage was solemnized two years back with the accused Nafees. Her husband and mother-in-law used to subject her with mental and physical cruelty on trivial things. On 19/4/2008 in the afternoon, at about 3 'O clock, accused persons poured kerosene oil upon her and set her ablaze. After some treatment at Seoni, Yashmeen Bi was referred to Medical College, Nagpur. When the complainant Nazim Khan (PW-1) who is the brother of deceased was taking her to Nagpur, on the way near Kurai Ghati, she died. Thereafter, on the report of complainant Nazim Khan, Merg intimation Ex.P/1 was registered. After the inquiry of merg, offences under Ss. 498-A, 302, 304-B read with Sec. 34 of the Indian Penal Code were registered at Police Station, Kurai, District Seoni against the accused persons.

(3.) After due investigation, charge sheet was filed and the case was committed to the Court of Sessions (Trial Court). During the course of trial, the prosecution examined as many as 14 witnesses to prove its case. In defence, the accused persons examined five witnesses. Learned trial Court after relying upon the circumstances and appreciating the evidence on record, convicted and sentenced the appellants for the offences punishable under Ss. 498-A and 302 of the Indian Penal Code, as aforementioned.