Hon’ble Alok Singh, J (Oral).

Present appeal is directed against the judgment and order dated 06.07.2010 passed by Sessions Judge, Haridwar in Sessions Trial Nos. 92 of 2009 and 73 of 2010 whereby appellants were held guilty for the offence punishable under Section 304-B IPC and each was sentenced to undergo rigorous imprisonment for a period of 7 years.

2. Brief facts of the present case, inter alia, are that PW1 Tasleem Ahmad submitted a report with police station Kotwali Laksar on 10.12.2008 at 04.20 p.m. stating therein his sister Shahnaz got married with Mustakeem about 2 ½ years ago in the year 2006, as per Muslim Rites and Rituals; motorcycle, refrigerator, sofa-set, jewellery and other items were given in the dowry, at the time of marriage; despite this in-laws of Shahnaz kept on taunting her for bringing less dowry; Mustakeem used to beat her; Shahnaz made several complaints; PW1, after counselling her, sent her back to her matrimonial house; on 09.12.2008, he (PW1) came to know that Shahnaz was set on fire by her husband Mustakeem and other accused persons; having heard the hue and cry of Shahnaz, people from the vicinity reached on the spot; accused persons under the pressure of neighbours took Shahnaz to Roorkee Hospital and from Roorkee Hospital to Meerut Hospital; family members of Shahnaz were not informed about the incident; having acquired the knowledge, PW 1 and other family members of Shahnaz, could reach to Anand Hospital, Garh Road, Meerut and found Shahnaz admitted in the hospital, on being asked by PW1 and other family members, Shahnaz told them that she was set on fire by her husband, brother-in-law; mother-in-law, father-in-law.

3. Having investigated the matter, charge-sheet was submitted against the accused persons for the offence punishable under Section 304-B IPC. After committal of the case, trial court was pleased to frame charges against all the accused persons for the offences punishable under Section 304-B IPC. Appellants denied the charges and claimed trial.

4. To prove the prosecution story, PW1 Tasleem Ahmad (informant), PW2 Sanjeeda Begum, mother of Shahnaz, PW3 Nagma, sister of Shahnaz; PW4 Abdul Rahman, cousin of Shahnaz, PW5 Shahid Ali, cousin of Shahnaz, PW6 Yad Hussain, PW7 Sayyad, PW8 Bundu, PW9 City Magistrate Om Prakash, PW10 Vimal Kumar Agarwal, Additional City Magistrate, PW11 Wahid Hussain, PW 12 Constable Mahesh Chandra were examined and thereafter, statements of accused including the appellants were also recorded under Section 313 Cr.P.C. From the side of defence, father of the appellant DW1 Intezar and DW2 Zahir Hasan were examined.

5. Having perused the entire material made available on record, learned trial court was pleased to acquit the husband Mustakeem, however, convicted & sentenced the appellants vide judgment and order under appeal.

6. I have heard Mrs. Pushpa Joshi, Sr. Advocate with Mr. Saurav Adhikari, Advocate for the appellants, Mr. S.K. Chaudhary, Additional GA for the State and have carefully perused the record.

7. Let me mention very important fact, i.e., husband Mustakeen was acquitted while appellants family members and relatives of the husband were convicted. While dealing with case of demand of dowry or dowry death, Court should not forget that tendency of people to rope in all the family members and relatives of husband cannot be ruled out completely.

8. There is no doubt about the fact that Shahnaz was taken to Roorkee Hospital on 09.12.2008 having received burn injuries, while under treatment at Meerut, septic developed in her body and ultimately, she expired on 23.12.2008.

9. PW1, PW2, PW3, PW4, PW5, PW6, PW7, PW8 and PW11 did not support the prosecution story. All of them in the same voice stated that Shahnaz caught fire while boiling the milk on stove. All of them further stated that Shahnaz was, first of all, taken to Roorkee Hospital and thereafter, to Meerut Hospital for treatment by her in-laws. None of them stated that Shahnaz