- (1.) Both the aforementioned connected criminal appeals have been filed by the appellants against the common judgment and order dated 9.8.2010 passed by Additional Sessions Judge, Court No.3, Farrukhabad in Sessions Trial No.125 of 2007 (State Vs. Aale Hasan and others) pertaining to crime no.C-1 of 2006, P.S. Campel, District Farrukhabad, whereby the trial Court convicted and sentenced all the accused-appellants for the offence under section 498-A IPC to undergo two and a half years rigorous imprisonment and a fine of Rs.5000/-, for the offence under section 304-B IPC to undergo ten years rigorous imprisonment and for the offence under section 3/4 Dowry Prohibition Act to undergo five years rigorous imprisonment and a fine of Rs.5000/- to each of the accused-appellants. The trial Court has also ordered additional imprisonment in default of payment of fine imposed upon the accused-appellants. Since both the aforesaid connected criminal appeals are arising out of a common judgment and order and have been heard together, they are being decided by a common judgment and order.
(2.) It was reported that appellant no.4 Istada alias Sirazan died during pendency of the appeal, therefore, vide order dated 6.10.2015 the appeal filed on her behalf has been abated. Prosecution story, in nutshell, as unfolded in the first information report (In short 'F.I.R.') is as follows : An application under section 156 (3) Cr.P.C. (Ex.Ka.-1) was moved before the Chief Judicial Magistrate, Farrukhabad by the complainant P.W.1 Allajadi with the averments that she is the resident of village Bahawalpur, P.S. Campel, District Farrukhabad. She performed the marriage of her daughter Noorjahan with the appellant Aale Hasan according to Islamic customs, rituals and traditions after giving dowry according to her capacity in the month of April 2004. Just after few days of marriage, the in-laws of her daughter started causing cruelty and harassment to her to bring Rs.10,000/- in cash and a buffalo on account of demand of dowry. The deceased told her in-laws that her father has died and the economic condition of her old aged mother is not good enough to fulfill their demand of dowry. The members of her in-laws' family on account of non-fulfillment of demand of dowry made by them, expelled her from the house only with the clothes worn by her. When the daughter of the informant came at her parental house, she narrated all the facts to the informant. Thereafter, informant and her elder daughter made request to her in-laws and tried to pacify the matter, but they remained adamant on their demand and refused to keep her daughter without fulfilling the demand. On 3.9.2005 at about 5:00 p.m., accused Aale Hasan, Sarafat and his wife, Nekshey and Istada came at the resident of the elder daughter of the informant, where the informant was staying at that time for treatment of her eyes, and took forcibly the deceased with them in the jeep. They also threatened her with the dire consequences and stated that she defamed them in the society. They also stated that they will marry Aale Hasan again after killing her. Informant has made complaint about this fact to the City Magistrate and other Authorities to ensure the security of her daughter. On 12.9.2005 at about 5:30 p.m., information was given by the villagers to the informant that her daughter Noorjahan was done to death by the members of her in-laws' family and they surreptitiously removed the dead body of the deceased. When the informant and her daughter reached at the place of incident, the members of the in-laws family were not present there. She informed about the offence committed by the accused-persons at Police Station Campel, but no report was lodged at that time and no action was taken by the police concerned. Thereafter, application was given to the Superintendent, Farrukhabad, Chairman - Human Rights Commission, Delhi and I.G., Lucknow through registered post, but still no action was taken. The application under section 156 (3) Cr.P.C. was moved by the informant along with the affidavit.
(3.) On the application moved by the informant under section 156 (3) Cr.P.C., concerned Magistrate passed the order for registration of the F.I.R. and investigation of the case after obtaining the report from the concerned police. On the basis of the order passed on the application under section 156 (3) Cr.P.C., concerned police registered the case on 29.1.2006 by lodging the F.I.R. (Ex.Ka.-4) against the accused persons for the aforesaid offences. G.D. entry was also made. The investigating officer recorded the statement of the witnesses and prepared the site plan (Ex.Ka.-3) visiting the place of occurrence and after fulfilling the formalities, submitted the charge-sheet (Ex.Ka.-2A) against the accused-persons. Concerned Magistrate took the cognizance in the matter and committed the case to the Court of Sessions, as the same was exclusively triable by the Court of Sessions. Accused-appellants appeared before the Court and the trial Court framed charges on 9.4.2007 against the accused-appellants for the offence under sections 498-A, 304-B IPC and 3/4 Dowry Prohibition Act to which accused-appellants pleaded not guilty and claimed their trial. Prosecution, in order to prove its case, examined P.W.1. Allajadi, complainant and mother of the deceased Noorjahan, P.W.2. C.O. Vipul Kumar Srivastava, the investigating officer of the case, P.W.3 Constable Moharrir Man Singh, the writer of Chick F.I.R., P.W.4 Rehana, the elder sister of the deceased. After conclusion of the prosecution evidence, trial Court recorded the statement of the accused-appellants under section 313 Cr.P.C. in which they stated the prosecution evidence to be false and claimed them innocence. They denied the allegations made against them and specifically stated that they never made any dowry demand from the deceased, as has been alleged in the first information report. Accused-appellant Aale Hasan stated that the deceased had gone to her parental house on her own free will. Accused-appellant Sarafat and her daughter Shabana claimed that they were living separately on the date of offence.;