STATE Vs. TARIQ AHMED SHEIKH

JUDGEMENT

(1.) This is a petition under Section 561-A/435, Cr. P.C. for quashing the order of Sessions Judge, Baramulla dated 22-5-2004.

(2.) The facts are as under :- One Seema daughter of Rehman Lone r/o Tawheed Gunj was married to the respondent namely Tariq Ahmad Sheikh s/o Nazir Ahmad r/o Javind, Nowshera Uri (Baramulla) in the year 2001. She was living with the respondent at Nowshera and died in mysterious circumstances on 13th of June, 2003. Police Station Boniyar received information of her death through a wireless message received from Police Control Room. On receipt of the signal a report was entered in the concerned register of the police station on the same day and Executive Magistrate, Uri was approached for initiating inquest proceedings. The dead body of the deceased was recovered from the house of the accused and after completing the necessary formalities was sent to District Hospital, Baramulla for post-mortem. Meanwhile father of the deceased namely Adul Rehman Lone lodged a report with SSP, Baramulla alleging therein that his daughter was soon after her marriage in the year 2001 subjected to mental and physical cruelty by her husband and in-laws and she was compelled to part with the ornaments and the money. He further stated that the couple stayed in his house on 12th June, 2003 and left after taking leave from them but on 13th June, 2003 he found the dead body of his daughter in the hospital. He, therefore, prayed to the police to take necessary action against the accused as he believed that his daughter has been murdered for not meeting the demands.

(3.) After completing the inquest proceedings and also investigation of the case Police Station Boniyar filed a charge-sheet against accused-Tariq Ahmed Sheikh u/Ss. 302, 498-A, RPC. The case ultimately came before Session Judge, Baramulla who after hearing the parties and considering the matter came to the conclusion that offence u/S. 302, RPC was not made out against the accused. He, therefore, discharged the accused u/S. 302, RPC but framed charge against him u/Ss. 306 and 498-A, RPC and put him to trial. Learned Sessions Judge has given various reasons for his order of discharge as according to him the allegations in the application lodged by the father of the deceased before SSP, Baramulla were vague in nature and the report is full of emotions and less of substances. According to the learned Sessions Judge not even suspicion against the accused for commission of offence punishable u/S. 302, RPC is made out against him. The death of deceased, according to the learned trial Court has admittedly been caused due to poison but there is no evidence to show that poison was administered by the accused to the deceased. The trial Court has also taken note of the inordinate delay in lodging FIR and has found that the delay has not been sufficiently explained on the basis of which the Court inferred that the case is an after thought. It has also been observed that no independent witness has come forward to support the statement of the parents of the deceased. The trial Court has, therefore, concluded as under : 'The evidence on record does not make out an offence punishable u/S. 302, RPC by the accused. There is no direct evidence which would connect the accused with the commission of offence punishable. u/S. 302, RPC by administering poison to the deceased and even circumstantial evidence is conspicuous by its absence from the record in this connection because as already stated hereinabove, there is no evidence to show that the accused was in possession of Aluminum Phosphide (Poison) immediately before the death of the deceased or he purchased it from any person for the said purpose. The presumption which has been the basis for this allegation is not well founded presumption as such cannot be relied upon. The charge against the accused in these circumstances is ordered to be framed u/Ss. 306 and 498, RPC. The charge against the accused is accordingly framed. The accused denies commission of offences and as such the prosecution is directed to adduce evidence in the matter."