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2011 Supreme(UK) 644

U.C.DHYANI, BARIN GHOSH
RAEEES – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
For the Appellants : Mr. S.S. Panwar, Sr. Adv., assisted by Mr. H.C. Pathak, Adv.
For the Respondent:Mr. Amit Bhatt, Addl. Government Advocate

JUDGMENT

[Per : Hon'ble U.C. Dhyani, J.]

Allegedly, it is a case of killing of wife by the husband and three others. P.W.1 Gulshana, who is the daughter of accused Zarif, was a child witness when she deposed before the learned trial court. The allegation against Zarif and appellants Raees, Khairati and Karamat is that they have killed Haseena, who was the mother of P.W.1 Gulshana. Accused Zarif has died during the pendency of the trial and therefore, the case against him stands abated. The trial court found the appellants/accused guilty of offence punishable under Section 302 IPC read with Section 34 IPC and awarded them imprisonment for life. Aggrieved by the order dated 07.07.2001 passed by learned Sessions Judge, Haridwar, the appellants have preferred this appeal.

2. The criminal law was set into motion by Jameel Ahmad s/o Hanif Barber, who was brother of Haseena (victim). According to the complainant his sister Haseena was married to Zarif 12 years ago. One daughter was begotten from their wedlock. At the time of filing the complaint, the daughter was aged 10 years. Zarif used to commit marpeet and harassed Haseena on the pretext that they have got no son. The same was disclos



























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