ZAKIR HUSSAIN AND ORS. Vs. STATE OF UTTARAKHAND AND ORS.
LAWS(UTN)-2012-9-121
HIGH COURT OF UTTARAKHAND
Decided on September 07,2012

Zakir Hussain And Ors. Appellant
VERSUS
State of Uttarakhand And Ors. Respondents

JUDGEMENT

S.K. Gupta, J. - (1.) MR . Viond Tiwari, Advocate, for the petitioner. Ms. Mamta Bisht A.G.A. for the State.
(2.) ALL the petitioners are in -laws of the deceased Ruksuna. who died in Sushila Tiwari Hospital, Haldwani on account or burn injuries. She was wedded with Latif Hussain on 26.07.2005 as per Muslim rituals and became mother of three children. After the death of Smt. Ruksana, an FIR was lodged by respondent No. 4 on 16.05.2012 against all these petitioners and also against Latif Hussain (husband of the deceased). The deathbed statement/dying declaration of Ruksana was recorded by the Magistrate while she was admitted in the Sushila Tiwari Hospital, Haldwani and was in a fit mental state to deliver the statement. The same has been filed with a short counter affidavit by Naib Tehsildar Shri D.R. Tamta.
(3.) SHE has specifically unveiled that due to the abrupt bursting of kerosene stove while she was preparing tea in the morning time, she sustained the burn injuries. Besides, in the statements recorded under Section 161 Cr.P.C. in respect of Mohd. Isaq Hussain and Smt. Chanda Begum, who are father and mother of the deceased respectively, no fact to the otherwise has been stated by them. In these circumstances, the investigation is of no avail. Thus, the first information report lodged on 16.05.2012 bearing case crime No. 1/2012 under Section 498 -A, 304 -B I.P.C. and 3/4 Dowry Prohibition Act, P.S. Patti Area, Kunidhar, Tehsil Bhikiyasen, District Almora is hereby quashed. The petition is allowed accordingly.;


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