The importance of reliable evidence, including dying declarations, and the fatal nature of the delay in lodging the FIR in establishing charges of cruelty and dowry death.

JUDGMENT :

V.G. BISHT, J.

1. This appeal is filed by the State challenging the judgment and order of acquittal dated 20th April, 2002 passed in Sessions Case No. 115 of 2000 by learned 5th Additional Sessions Judge, Kolhapur for the offences punishable under Sections 498-A, 304 (b) read with 34 of the Indian Penal Code, 1860 (for short “IPC”).

2. The occurrence that led to launching of prosecution is that, Yasmin Iqbal Shaikh (since deceased), daughter of informant, was married to accused Iqbal Mahamad Shaikh (A-2) in October, 1999. After the marriage, the deceased started residing with her husband and the family members viz. accused Fatima Mahamad Shaikh, mother-in-law (A-1), Rafiq Mahamad Shaikh, brother-in-law (A-3) and Nilofar alias Radhika Rafiq Shaikh, wife of A-3(A-4):

(a) The prosecution alleges that the deceased was treated well for some days. Since last four to five months prior to the incident started harassing her and demanded gas, stove, TV, steel cupboard and gold ornaments. All these facts were told by deceased to her mother. Even they gave their own gas cylinder, gas, stove and regulator but despite that harassment continued.

(b) On 7th April, 2000 as there was festival of “Urs” the informant invited all the accused to his residence. However, A-2 and deceased only visited his house. A-2 after dropping the deceased went away without having a word with the family members. When informant’s wife confronted deceased as to conduct of A-2, the deceased started crying and revealed that all the accused are harassing her and used to beat on the ground of non-fulfillment of demand of TV, safe and gold ornaments. All these facts were told to informant by his wife.

(c) According to prosecution, on 13th April, 2000, the informant received a message of admission of the deceased in CPR Hospital, soliciting his immediate presence over there. Informant’s wife and daughter Farzana rushed to the hospital and found deceased in a totally burnt condition.

(d) When the informant’s wife enquired as to how she was burnt, deceased told that since she was fed up with the harassment in connection with the demands of gold ornaments, safe and TV from the side of accused, she got herself burnt. By the time informant reached, the deceased succumbed to the injuries.

3. Informant accordingly lodged the report with Shiroli MIDC Police Station, Kolhapur on the basis of which Crime No. 47 of 2000 for the offences punishable under Sections 498-A and 304B read with 34 of IPC came to be registered against all the accused.

4. It appears from the record that PW-7 Bhagwant R. Patil, PSI visited the place of occurrence and prepared spot panchnama (Exh.22). He also recorded the complaint of informant. During the course of investigation, he recorded the statements of prosecution witnesses, seized muddemal articles and forwarded the same to the Forensic Science Laboratory. After receiving Chemical Analyzer's report and completion of investigation, he forwarded the chargesheet against the accused.

5. The prosecution in order to prove its case has examined as many as seven witnesses and exhibited number of documents. The respondents-accused were questioned under Section 313 of the Code of Criminal Procedure, 1973 (for short the Cr.P.C.) about the incriminating evidence and circumstances and they denied all of them as false. According to them, they have been falsely implicated.

6. Mr. Konde Deshmukh, learned APP for the appellant -State, assailing the impugned judgment and order of acquittal submitted that the evidence of parents on the point of cruelty and demand has been totally overlooked by the learned trial Judge. It ought to have been considered in proper perspective. According to him, the prosecution has adduced sufficient evidence on record to prove cruelty at the hands of respondents-accused on the ground of demand of various articles. In short, the evidence on record is sufficient to connect the accused to the alleged offences and in such circumstances, the pres