Decided on December 29,2012

RAHASAN Appellant


Umesh Chandra Dhyani, J. - (1.) IN the instant case, the criminal law was set into motion by one Bashir Khan s/o Nizam Ali r/o Ward No. 10, Kichha who had lodged a complaint with the Inspector In -charge, Kotwali, Kichha, District Udham Singh Nagar on 30.6.2000 stating that his daughter Smt. Bhuri was married to Ahmad Hasan s/o Shaukat r/o Ward No. 17, Kichha some 9 months ago. Her husband Ahmad Hasan and her mother -in -law Rahasan w/o Shaukat demanded dowry and also used to commit marpeet with her. Smt. Bhuri used to complain about the same but the father persuaded his daughter to reconcile. On 30.6.2000 at around 4.00 p.m. her mother -in -law blamed her for having illicit relations with another man. The mother -in -law poured kerosene oil and set her on fire. On her hue and cry the neighbours tried to come to her rescue and brought her to the Government Hospital, Kichha. She was referred to Bareilly (higher centre). But she breathed her last on way to Bareilly. Her dead body was lying at Government Hospital, Kichha. On the basis of this complaint (Ext. Ka -1) chik FIR (Ext. Ka -9) was prepared and crime No. 131/2000 was registered against the accused Ahmad Hasan and Rahasan in respect of offence punishable under Section 304B, IPC. Investigation of the case was taken up by Ms. Vimla Gunjiyal, Circle Officer. She inspected the spot, prepared site plan (Ext. Ka -12), took the statements of the witnesses and submitted charge -sheet (Ext. Ka -10) against the accused persons. The copies of the prosecution documents were provided to the accused persons and the case was committed to the Sessions Judge, Udham Singh Nagar, who conducted the trial.
(2.) CHARGES for the offences punishable under Sections 304B, IPC, 498A, IPC and Sections 3/4, Dowry Prohibition Act were framed against the accused Rahasan, who pleaded not guilty and claimed trial. No reference of the charges against Ahmad Hasan, husband of the victim, is being made here as the learned Trial Court has exonerated him of the charges levelled against him. Prosecution examined P.W. 1 Shabbir, P.W. 2 Laddan, P.W. 3 Girish Kumar, Tehsildar, P.W. 4 Dr. V.D. Joshi, and P.W. 5 Dr. M.D. Pande. The genuineness of the documents on record was admitted by learned Counsel for the accused (now appellant) before the learned Trial Court. In defence, D.W. 1 Puran Lal and D.W. 2 Asghar Ali were examined. The oral and documentary evidence was put to the accused Rahasan under Section 313, Cr.P.C., in reply to which she alleged that the evidence adduced against her is false. She said that while she was away from her residence, her daughter -in -law (Smt. Bhuri) received burns while cooking food.
(3.) LEARNED Trial Court found the accused Rahasan guilty of the offences punishable under Sections 304B, IPC, 498A, IPC and Sections 3/4, Dowry Prohibition Act and convicted her accordingly. This Criminal Appeal is directed against the judgment and order dated 23.4.2002 passed by Sessions Judge, Udham Singh Nagar whereby accused/appellant Smt. Rahasan has been convicted under Section 304B, IPC, Section 498A, IPC and Sections 3/4, Dowry Prohibition Act in sessions trial No. 299/2000 and has been sentenced to 10 years rigorous imprisonment, one year's RI and three months' RI for these offences respectively. All the sentences were directed to run concurrently. Co -accused Ahmad Hasan (husband) was however acquitted of the charges framed against him.;

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