- (1.) This Criminal Revision, under Section 397/401 of Code of Criminal Procedure, 1973 (Hereinafter, in short, referred to as ''Cr.P.C.'), has been filed by the revisionist, Jamshed Khan, against the order, dated 1.6.2019, passed by the learned Additional Sessions Judge, Fast Track, court no.2, Hapur, in Sessions Trial No. 332 of 2018, State vs. Shoaib and others, arising out of Case Crime No.302 of 2018, under Sections 498-A and 304-B of Indian Penal Code, 1860 (Hereinafter, in short, referred to as 'IPC'), read with 3/4 of Dowry Prohibition Act, Police Station-Dhaulana, District-Hapur.
(2.) Learned counsel for revisionist argued that the first information report of Case Crime No. 302 of 2018 was got lodged, at Police Station-Dhaulana, District Hapur, for offences, punishable, under Sections 498A and 304B of IPC, read with Sections 3/4 of Dowry Prohibition Act, upon a report of the revisionist, Jamshed Khan, against Shoaib, husband, Aslam, father-in-law, Smt. Nazrin, mother-in-law, Parvez, brother-in-law, Gulbej @ Kalu, brother-in-law and Smt. Gullo, sister-in-law, with this contention that informant's daughter, Mumtaz was married with Shoaib and another daughter was married with Salman, and sufficient dowry was given, but, in-laws of his daughter, Mumtaz, were not satisfied with it. Husband, Shoaib, father-in-law, Aslam, Mother-in-law, Smt. Nazrin, brothers-in-law, Parvez and Gulbej @ Kalu, and sister-in-law, Smt. Gullo, wife of Parvez, were persistently demanding an Alto Car, with Rupees Two Lakhs, in cash, as additional dowry, for which cruelty is being done with her. On 13.4.2018, at about 6.00 PM, Shoaib, his mother and father, alongwith his two brothers, named as above, and one sister-in-law, also named in the first information report, assaulted Mumtaz and they, under joint mens-rea, poured kerosene oil over her body and set her at ablaze. This was a death, owing to demand of dowry and cruelty with regard to it. Informant's other daughter, Muskan, who was present at the place of occurrence, has tried to intervene, but, she, too was extended of repeating same occurrence with her. Hence, she informed informant, who rushed at the spot, alongwith other family members and other villagers, where, he found his daughter, Mumtaz, in burn and miserable condition. He, alongwith other persons, took her to Safdarjang Hospital, at Delhi, for her treatment, but, she died at 5.00 AM of 15.6.2018. Report of the incident was submitted.
(3.) This contention was there, in the statement, recorded, under Section 161 of Cr.P.C., as of informant, his daughter, Mumtaz and his wife, but, chargesheet was filed against Shoaib, husband and Aslam, father-in-law, only, and other accused persons, who have been named in the first information report, were not chargesheeted.;