LAWS(P&H)-2020-11-86

MOHAMMAD MUNIR Vs. STATE OF PUNJAB

Decided On November 23, 2020
Mohammad Munir Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Criminal Revision No. 3369 of 2019 The petitioner in this case is the complainant. He is the brother of deceased Rizwana, whose death led to the registration of the present FIR. The accused in the FIR are Mohammad Nadeem (husband), Shakila (mother-in-law), Abdul Shakur (father-in-law), Mohammad Naseem (brother-in-law i.e. younger brother of the husband), Jamila (Jethani) and Seefan (maternal aunt i.e. sister of Shakila mother-in-law).

(2.) Rizwana got married with Mohammad Nadeem on 22.01.2018. She died on 14.06.2019 and thereafter FIR No. 60 dated 15.06.2019 was registered at Police Station City-II, Malerkotla, District Sangrur under Section 304-B IPC. After investigation, the police presented the challan only against Mohammad Nadeem (husband) and Shakila (mother-in-law). Charges have been famed under Sections 498-A and 304-B IPC or in alternative under Section 302 IPC. During the course of the trial, an application under Section 319 Cr.P.C. was filed for summoning the father-in-law, brother-in-law, Jethani and Seefan as additional accused but the same was rejected vide order dated 26.11.2019. The said order is under challenge in the present revision petition.

(3.) According to the FIR, at the time of marriage dowry was demanded beyond the financial capacity of the complainant and his family members. The dowry included a motorcycle make Hero Passion Pro. However, the accused persons were dis-satisfied with the same and they demanded a Bullet motorcycle. Since the demand could not be met on account of financial incapacity, Rizwana was harassed continuously and beaten up. On more than two occasions deceased was sent home and panchayats had to be convened for her rehabilitation. The harassment increased as time passed because Rizwana was also unable to bear a child. On 14.06.2019, the complainant received a phone call from the deceased and she sounded very upset. Later at night, he was informed that Rizwana had died. The complainant went to her house alongwith his father, one Haji Mohammad and other residents of his Mohalla including some relatives. There she was found hanging from the ceiling fan in the Chobara constructed on the first floor. The police was informed and FIR was registered.