AMAR SARAN, J. - (1.) HEARD learned Counsel for the applicant and learned Additional Government Advocate. This application has been filed on be­half of the husband Farman in case crime No. 564 of 2007, under sections 498-A/316 IPC and 3/4 of Dowry Prohibition Act, po­lice station Mansoori, District Ghaziabad.
(2.) THE allegations in the FIR, which was lodged in the form of an application under section 156(3) of the Code of Crimi­nal Procedure were that the applicant Far­man, his first wife Asia, Begam, Shaukeen, Momin, Sajda and Idris caught hold of Shahnaz and poured kerosene oil and set her on fire and within fifteen minutes a child was born and died and that is why the charge under section 316 IPG was also made. So far as Shahnaz is concerned, she has 80% burnt. Initially the prosecution was of the opinion that Shahnaz would die and her statement was recorded in the form of dying declaration, which was sub­sequently treated as statement under sec­tion 164 Cr.P.C. It is stated that Shahnaz had returned from her Maika one week back and on the date of incident, i.e. 11.6.2007 at about 4.00 A.M. her husband, the applicant, her Sautan Asia and Jethani Begam picked her up from cot, poured kerosene oil and set her on fire and when she tried to cover her from Rajai, they snatched it. The applicant used to ask Shahnaz to bring Rs. 20,000/- from her mother. It was, however, mentioned that her Jeth Kaluwa alias Irfan and Raghubir took her to the hospital.
(3.) I find little reason at this juncture to disbelieve this most natural statement of the victim and failed to understand as to why she would invent such a story when she was 80% burnt.;