M.Chaudhary, J. - (1.) This is a government appeal filed on behalf of the State from the judgment and order dated 3rd of August 2000 passed by Ist Additional Sessions Judge Bijnor in sessions trial no. 397 of 1992 State v. Intzar Husain and Ors. acquitting them of the charge levelled against them under Sections 304B, 498A and 306 IPC.
(2.) Brief facts giving rise to this appeal are that Anis Ahmad lodged an FIR at police station Chandpur on 12th of April 1990 at 10:00 p.m. alleging that his sister Sahnaz Parveen was married with Intzar Husain son oOf Sharafat Husain on 24th of February 1989 according to Muslim rites. Since Intzar Husain was in the habit of not doing any job with sincerity the couple used to face financial crisis and the household expenses were used to be met by father-in-law of Sahnaz Parveen resulting in family clashes. Relations between Sahnaz Parveen and Intzar Husain got strained On 22nd of November 1989 Sahnaz Parveen gave birth to a male issue and their household expenses escalated. Since Sahnaz Parveen was used to be ill-treated and tormented in her in-laws' house she went to her parents' house on 26th of January 1990 and complained about the ill-treatment afflicted upon her by her husband and in-laws. Then her parents wanted to lodge a report regarding ill-treatment suffered by her at the hands of her husband and in-laws at the police station but on the intervention of some influential persons the report was not lodged at the police station and Israr Husain, 'Jeth' of Sahnaz Parveen went to her parents' house and on the assurance given by him to her parents that she would not be ill-treated or tormented in future she was sent with him to her matrimonial home. At about 8:00 p.m. on 12th of April 90 Nazakat Husain who happened to be the son-in-law of Ashfaq Ahmad in relation went to his house and told that huge crowd was collected at the house of in-laws of Sahnaz Parveen and as he tried to go inside the house he was pushed and turned out. Thereon Anis Ahmad and his father Ashfaq Ahmad alongwith some persons of the locality went to the matrimonial home of Sahnaz Parveen where Smt Nazma told them that since Sahnaz Parveen got burnt she was taken to Civil Hospital. Then Anis Ahmad and his companions went to the Civil Hospital where they saw Sahnaz Parveen lying in burnt condition wrapped in a quilt. Since the doctors were on strike no treatment was being provided and then Rais Ahmad took her to L L R Meerut Medical College for treatment. The police registered a crime against Intzar Husain and his family members under Section 498-A IPC and made entry regarding registration of the crime in GD.
(3.) SI Hoshiar Singh to whom investigation of the crime was entrusted went at the scene of occurrence and collected empty container of kerosene lying near the bed in the bed room of Intzar Husain , a match box lying on the bed and a wooden 'petti' containing some rough wooden planks kept on the 'chhajli' in front of the house of Sarfaraj and prepared their memo (Ext Ka 8). He inspected the site and prepared its site plan map (Ext Ka 5). He also recorded statements of the witnesses. Then he went to LLR Meerut Medical College where he learnt that Sahnaz Parveen had succumbed to the burn injuries sustained by her. Then the case was altered under Section 306 IPC.;