TAHIR Vs. STATE OF UTTARANCHAL
LAWS(UTN)-2013-7-93
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on July 15,2013

TAHIR Appellant
VERSUS
STATE OF UTTARANCHAL Respondents

JUDGEMENT

- (1.) In the instant case, criminal law was set into motion at the instance of PW1 Sajid Ali. He wrote a complaint to S.H.O., Kotwali Sadar, Dehradun on 14.02.2001, at 09:30 A.M., which was registered as case crime no. 81 of 2001, against Tahir for the offences punishable under Sections 498A and 304B of IPC. The allegation against Tahir was that he killed his wife for want of bringing sufficient dowry. After the investigation, a charge-sheet was submitted against the accused for the selfsame offences. The case was committed to the Court of Sessions. When the trial commenced and prosecution opened it's case, charge for the offences punishable under Sections 304B and 498A of IPC and under Section of the Dowry Prohibition Act was framed against the accused on 19.05.2001. Accused pleaded not guilty to the charge and claimed trial.
(2.) Pw1 Sajid Ali (informant), PW2 Kalu (maternal uncle of the deceased), PW3 Bashir (father of the deceased), PW4 Israr Ahmad (maternal uncle of the deceased), PW5 Constable Gulab Singh (formal witness), PW6 Constable Urmila Bhandari (formal witness), PW7 Constable Usha Dhyani (formal witness), PW8 Dr. Ajay Kumar Pathak (Medical Officer), PW9 Dr. K.B. Joshi (Medical Officer), PW10 S.I. Bhagwat Singh (formal witness), PW11 C.O. Vijay Gautam (I.O.) and PW12 Constable Soor Singh Negi (formal witness) were examined on behalf of the prosecution. Incriminating evidence was put to the accused under Section 313 of Cr.P.C., in reply to which he said that he was falsely implicated in the case. DW1 Smt. Taiyaba and DW2 Smt. Sitara were examined in defence. After considering the evidence on record, accused Tahir was convicted for the offences punishable under Sections 304B and 498A of IPC and under Section of the Dowry Prohibition Act. He was directed to undergo rigorous imprisonment for seven years under Section 304B of IPC; 2 years' rigorous imprisonment under Section 498A of IPC and one year's rigorous imprisonment under Section of the Dowry Prohibition Act. Convict Tahir was also directed to pay a fine of Rs. 5,000/- under Section 498A of IPC and a fine of Rs. 2,000/- under Section of the Dowry Prohibition Act, vide impugned judgment and order dated 25.09.2001, passed by learned Addl. Sessions Judge / III F.T.C., Dehradun. All the sentences were directed to run concurrently. Aggrieved against said order, present criminal appeal was preferred.
(3.) Victim Shehnaz, sister of PW1 Sajid Ali, was married to accused-appellant Tahir on 29.09.1995. Victim died on 14th February 2001 i.e. within seven years of her marriage. PW8 Dr. Ajay Kumar Pathak conducted postmortem on the dead body of Shehnaz. Cause of death was assigned to asphyxia as a result of hanging. Thus, it is established that the victim (Shehnaz) died otherwise than under normal circumstances within seven years of her marriage. Two limbs of offence punishable under Section 304B of IPC were, therefore, established.;


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