STATE OF BIHAR Vs. PARVEZ ALAM AND OTHERS

JUDGEMENT

(1.) (Oral) - This Government Appeal is directed against the judgment dated 09.02.1993 passed by Sessions Judge, West Champaran, Bettiah in Sessions Trial No. 124 of 1988 whereunder the husband, father-in-law and mother-in-law of the deceased, Sama Parveen have been acquitted of the charge under Sections 302/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

(2.) The prosecution case, as set out in the fardbeyan of informant (Chowkidar) recorded on 25.06.1987 at 8:15 A.M., is that he had come to place of occurrence village Bishambharpur, P.S. Bettiah Muffasil while he was moving on patrolling duty in the previous night and learnt that the daughter-in-law of Karim Ansari succumbed to burn injury around 5:00 P.M. in the evening. In light of the information furnished, informant proceeded to the house of Karim Ansari and saw her dead body lying with extensive burn injuries. Having seen the dead body, the informant also looked for Karim Ansari, his wife and son but they were not available in the house. Having seen the dead body, informant stated in the fardbeyan that victim has been burnt to death. Informant also stated in the fardbeyan that in the previous evening there was exchange of hot words between the deceased and her husband, the parents-in-law and soon thereafter the occurrence took place. In the fardbeyan, informant also expressed suspicion against the husband and the parents-in-law of the deceased that they have committed the occurrence. Fardbeyan of Kailash Raut (informant) was handed over to Mr. J. N. Jha, A.S.I., Nautan P.S. After receiving the fardbeyan Mr. J. N. Jha, A.S.I. took up investigation of the case and sent the fardbeyan to Officer In-charge Nautan P.S. for instituting a case under Sections 302/34 of the Indian Penal Code. In light of the fardbeyan, Officer In-charge Nautan P.S. registered Nautan P.S. Case No. 49 of 1987 dated 25.06.1987 for offence under Sections 302/34 of the Indian Penal Code with further endorsement that Mr. J. N. Jha, A.S.I. is already investigating the case. Later the fardbeyan was sent to Bettiah Muffasil P.S. on the basis of which Bettiah Muffasil P.S. Case No. 94 of 1987 dated 18.07.1987 was registered for offence under Sections 302/34 of the Indian Penal Code. Before registration of the case in Bettiah Muffasil P.S., the inquest of Sama Parveen (deceased) was conducted on 25.06.1987 at 8:30 A.M. by Mr. Sarwan Safi, A.S.I. Jagdishpur Camp Nautan P.S. in presence of Md. Jalil and Md. Khurshid. After inquest, the dead body of Sama Parvin was sent for postmortem which was conducted on 26.06.1987 by the Civil Assistant Surgeon, M.J.K. Hospital, Bettiah. The Investigating Officer examined the neighbours of the deceased, her parents and in light of the findings recorded in the inquest report, postmortem report and the police statement of the witnesses submitted chargesheet on the basis of which cognizance of the offences was taken. After supply of the police papers, case was committed to the court of sessions. The trial court framed charges under order dated 17.01.1989 to which the three respondents pleaded not guilty and claimed to be tried.

(3.) In support of the charge, prosecution examined as many as 15 witnesses. P.W.-1 Md. Rafique is the father of the deceased, P.W.-2 Md. Ahmad Hussain and P.W.-3 Dildar Hussain are the brothers of the deceased. P.W.- 4 Dr. S. P. Verma is the Civil Assistant Surgeon posted at M.J.K. Hospital, Bettiah who conducted postmortem on the dead body of the deceased on 26.06.1987. P.W.-6 Nityanand Shukla and P. W.-7 Jagarnath Jha, both are the police officers as P.W.-6 submitted chargesheet and P.W.-7 is the Investigating Officer of the case. P.W.-8 Kurban Ali, P.W.-9 Rafi Ahmad, P.W.-10 Izhar Hussain are co-villagers of the deceased and P.W.-14 Mohammadin Mian is the neighbour of the deceased. P.W.-11 is the village Chowkidar and informant of the case. P.W.-5 Md. Khurshid Alam and P.W.-12 Md. Murtuza have been declared hostile. P.W.- 13 Md. Kalimullah and P.W.-15 Md. Jalil have been tendered.