Allahabad High Court
Hashim @ Hashim Ali vs State Of U.P. And 3 Others on 25 November, 2024
Bench: Siddharth, Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:184194-DB
Court No. - 48
Case :- CRIMINAL APPEAL U/S 372 CR.P.C. No. - 441 of 2023
Appellant :- Hashim @ Hashim Ali
Respondent :- State Of U.P. And 3 Others
Counsel for Appellant :- Mohd. Sohrab,Naveen Kumar Yadav
Counsel for Respondent :- Anjani Kumar Dubey,G.A.
Hon'ble Siddharth,J.
Hon'ble Subhash Chandra Sharma,J.
Heard Sri Naveen Kumar Yadav, learned counsel for the appellant, learned A.G.A. for the respondent no.1 and Sri Anjani Kumar Dubey, learned counsel for respondent nos. 2 to 4.
The criminal appeal has been preferred against the judgment and order dated 13.07.2023 passed by Sessions Judge, Kannauj, in Session Trial No. 522 of 2021(State of U.P. Vs. Rehan @ & Others) and convict and sentence respondent nos. 2 to 4 for offence under section- 302 I.P.C., Police Station- Kannauj, District- Kannauj.
The prosecution case is that the sister of the informant was married to respondent no.2, Rehan, on 27.03.2019 after giving sufficient dowry. The respondent nos. 2, 3 and 4 were further demanding Rs. 10 lakh and used to beat and abuse the sister of the informant because of non-fulfillment of their demand of dowry. Information was given to the police and panchayat also took place, but in vain. About one month ago, they turned out the sister of the informant from their house. Again panchayat took place, but the respondents were not willing to keep her in their house without fulfillment of demand of dowry. On 20.02.2021, the sister of the informant committed suicide by way of hanging in the house of the informant and F.I.R. was lodged on 23.02.2021.
The prosecution examined the informant as P.W.-1, Hashim Ali; P.W.-2, Hasir Ali @ Haseeb Ali; P.W.-3, Naib Tehsildar; Doctor as P.W.4; lady-constable as P.W.-5; investigating officer as P.W.-6; Mushir Ali as P.W.-7; Mustaq Ali as P.W.-8 and Moeen Ali as P.W.-9 to prove the prosecution case.
The statements of the respondent nos. 2 to 4 were recorded under section 313 Cr.P.C. wherein they denied the commission of any offence and alleged false implication.
After hearing the rival contentions and the material on record, we find that trial court has considered the statements of the witnesses and has found that the deceased was residing in her parental home for last two years. It has further found that P.W.-9 has admitted that ten days after the marriage of the deceased with respondent no. 2, Rehan, he had dropped her back to her parental home and she never went back to her matrimonial home. P.W.-8 also testified accordingly. P.W.-9 stated before the court that when the police questioned him how the deceased died, he informed that she committed suicide because of mental trouble. P.W.-5 stated before the court that when she reached the place of incident number of women had gathered there. They informed that because of dispute with the family members for doing the household work, the deceased has committed suicide. She further stated that the informant and number of persons were present there, but no one informed her about harassment of the deceased for unfulfilled demand of dowry.
The trial court has found that ingredients for constituting offence of under sections 498-A, 304 B and section 3/4 D.P. Act or the alternative charge under section 302 IPC are not made out against the respondent nos. 2, 3 and 4. Hence, it has acquitted the respondents aforesaid.
Learned counsel for the appellant has not been able to point out any perversity in the findings recorded by the trial court.
The judgment of the trial court is confirmed.
The appeal lacks merits and is, hereby, dismissed.
Order Date :- 25.11.2024
Abhishek
