HAFIZ Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Hafiz @ Firoz Mahammed has filed this application under sec. 439 of Cr.P.C. in connection with G.R. Case No.861 of 2017 pending in the Court of learned J.M.F.C., Salipur which arises out of Jagatpur P.S. Case No.275 of 2017 in which charge sheet has been submitted under Sec. 498-A, 304-B, 306 read with sec. 34 of the Indian Penal Code and sec. 4 of the Dowry Prohibition Act.

(2.) On 16/12/2017 Abdul Rahim Khan of Mahasingh Patna under Salipur police station in the district of Cuttack lodged the first information report before the Inspector in charge of Jagatpur police station wherein he alleged that his daughter Sabiha Sehnani (hereafter 'the deceased'), aged about nineteen years was given in marriage with the petitioner on 12/11/2017 as per Muslim rites and customs. At the time of marriage, all the house hold articles and gold ornaments were given to the deceased. Seven days after the marriage, the petitioner started torturing the deceased by assaulting her frequently. The other in-laws family members of the deceased also subjected her to physical and mental torture demanding more dowry. Since the deceased was unable to bear the pain of torture by her husband and the inlaws family members, she came back to the paternal place within ten days of marriage. The petitioner started abusing the deceased over phone. Subsequently, the informant and his family members convinced the deceased and sent her back to her in-laws house with the petitioner. The petitioner used to take liquor everyday in the night and assault the deceased. On 15/12/2017 at about 5.00 p.m., the elder brother-in-law of the deceased intimated the informant over phone that the health condition of the deceased was not good. Getting such message, the informant and his family members reached at the house of the petitioner and found the deceased lying dead on a cot and saliva was dribbling from her mouth. When the informant asked the in-laws family members about the cause of death, they intimated that the deceased had committed suicide. After seeing the dead body, the informant firmly believed that the petitioner and the other in-laws family members of the deceased killed her and in order to suppress the incident, they had taken recourse to falsehood. Since the mental condition of the informant was not good after the death of the deceased, there was delay in lodging the first information report.

(3.) On the basis of the first information report, Jagatpur P.S. Case No.275 of 2017 was registered on 16/12/2017 under Sec. 498-A, 304-B, 302 read with sec. 34 of the Indian Penal Code and sec. 4 of the Dowry Prohibition Act.