MOHD. SHABBIR AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is preferred by Mohd. Shabbir and Smt. Aziza Khatun, respectively son and mother, challenging the judgement dated 29.7.2006 by which the Special Judge (Women Atrocities and Dowry Cases) Jaipur City, Jaipur convicted them for offence Under Section 498A and 304B Indian Penal Code While both the accused-appellants were sentenced to rigorous imprisonment for three years in respect of their conviction under Section 498A, as regards their conviction for offence Under Section 304 Indian Penal Code however, the appellant no. 1-Mohd. Shabbir has been sentenced to life imprisonment with fine of Rs.100 and appellant no.2 Smt. Aziza Khatun was sentenced to undergo rigorous imprisonment of ten years.

(2.) Learned Public Prosecutor at the outset has stated that as per the information received from the SHO, Smt. Aziza Khatun died on 7.11.2011. The appeal of the appellant no. 2-Aziza Khatun thus stands abated. However, the appeal in respect of appellant no. 1-Mohd. Shabbir survives. Shri S.S. Rathore, learned counsel for the appellants has, therefore, confined his arguments regarding challenge to conviction recorded and sentence awarded to that appellant no. 1-Mohd. Shabbir only.

(3.) The facts of the case are that a criminal complaint was filed in the Court of ACJM No.8, Jaipur City, Jaipur by one Salim Khan on 17.7.2003 alleging that his sister Firoza and Pari was married to appellant-Mohd. Shabbir in October, 2001 as per the muslim customs and rites. Number of dowry articles were given at the time of marriage, details of which were mentioned in paras 1 to 4 of the complaint. While initially their relations were cordial, but after sometime, appellant no 1-Mohd. Shabbir, husband, appellant no.2-Smt. Aziza Khatun, mother-in-law of deceased Firoza and her sister-in-law Mahazabeen started maltreating her. They forced her to bring from her parents a sum of Rs.50,000, which they required for arranging second marriage of another sister-in-law Nek Parveen, who was a divorce. When Firoza approached her parents, they expressed their inability to do so. The accused-persons thereafter started torturing Smt. Firoza. Her father by sale of his house at Nari-Ka-Naka gave Rs.25,000 to her, which she in turn passed on to the accused-appellants. However, this did not satisfy their greed and they continued to subject Firoza to marpeet. Her parents and the complainant at times gave her sum of Rs.10,000, Rs.4,000 or Rs.6,000 to satisfy demand of the accused-persons and their family. Her sister-in-law Mahazabeen and Nek Parveen usually instigated the appellant-Mohd. Shabbir against Firoza, who then subjected her to beating by use of belts. Firoza used to show the injury marks to her parents whenever she visited her parents. The accused several times drove away Firoza from their house. The complainant used to send her back to in-laws place on persuasion through the responsible persons of their community. During this period, however, Firoza gave birth to a male child, but her harassment did not stop. Firoza ultimately was forced to come back to her parents in July, 2003. Her uncle-Hamid Khan and in-laws of her another sister and residents of the colony again intervened and prevailed upon the accused to take her back in family and on such persuation, the accused agreed and, therefore, Firoza was sent to her in-laws on 14.7.2003. At that time, her in-laws had openly said that they would accept Firoza only if their demands are satisfied. Her sister-in-law Mahazabeen stated that they would divorce Firoza and arrange another marriage of her brother. On 15.7.2003, in-laws of Firoza and the residents of the colony informed the complainant that Fircza has born admitted to SMS Hospital, Jaipur due to burn injuries. The complainant and family members reached the hospital and found Firoza having burn injuries to the extent of 95%. Nasir, Dau, Arsad and Moin were found there and they informed that in the morning of that day at about 8.00-9.00 AM, her mother-in-law Khatun poured kerosene oil over the body of Firoza and appellant-Mohd. Shabbir lit the fire. Her sister in-laws Mahazabeen and Nek Parveen subjected her to severe beatings prior thereof by bolting the house from outside. Firoza told that she made hue and cry for help and thereupon some of the residents of the colony came forward and opened the main gate from outside and poured water over her body. Firoza succumbed to the burn injuries on 15.7.2003. The aforesaid criminal complaint was sent for investigation under Section 156 Cr.PC. to the Police Station Ramganj, Jaipur, whereupon the FIR No. 296/2003 was registered for offence Under Section 498A, 304B. 406 and 120B Indian Penal Code After investigation, challan was filed against the accused-appellants and during trial charges for the offences were framed, which they denied and claimed trial. The prosecution produced 27 witnesses and exhibited 30 documents. In their examination under Section 313 Cr.P.C. the accused denied the allegations and claimed trial. The accused in their defence produced 10 documents and 6 witnesses. On conclusion of the trial, the appellant was convicted and sentenced in the manner indicated above.