MOHAMMED IRFAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been filed under Sec. 374(2) Crimial P.C. by the appellant against the judgment dated 2.11.2011 passed by the learned Addl. Sessions Judge (Women Atrocities) Cases, Bhilwaia in Sessions Case No.1/2006 by which the learned Trial Court convicted the accused appellant for offence under Sec. 302 I.P.C. and imposed sentence for life imprisonment with fine of Rs. 2,000.00 and in default of payment of fine to further undergo six months simple imprisonment.

(2.) As per prosecution case, a written report (Ex.P-13) was submitted by the complainant Sabir Mohd. on 3.11.2005 in the mortuary of M.G. Hospital Bhilwara before SHO, City Kotwali in which it was alleged that his cousin sister Rabiya D/o Abdul Latif was married with the accused appellant Mohd. Irfan three years ago. After her marriage, her husband Mohd. Irfan (appellant), father-in-law Mohd. Ayub, mother-in-law Noorbano @ Bannu, brother-in-law Usman and sister-in-law and grandfather-in-law Abdul Rehman Hazi and great grandfather-in-law Abdul Hakim and grand-mother in-law Khatun and other relatives started harassing her every day for demand of Rs. 1 lac as dowry.

(3.) On 20.10.2005 Rabiya was given beatings and thrown out from the house by her-in-laws with threatening that if she will not bring Rs. 1 lac then she will be murdered. According to the allegation made in the complaint it is alleged by the complainant that today at about 8.00 am sister-in-law Rizwana came and told Rabiya about illness of her husband Mohd. Irfan and took her to the in-laws house. After half an hour, cry of Rabiya was heard from the house of accused Mohd. Irfan. On hearing hue and cry of Rabiya, Abdul Latif, Mohd. Rafiq and Abdul Rashid immediately went to the house of Rabiya situated in same locality where they saw that number of injuries by knife were caused upon the body of Rabiya by the accused appellant. Rabiya was taken to the hospital immediately and in between the way, Rabiya informed to the complainant that her husband inflicted injury by knife and other family members also gave beatings. In the MG hospital, Rabiya died during treatment.