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1994 Supreme(MP) 356

V.S.KOKJE
Faqruddin – Appellant
Versus
State Of Madhya Pradesh – Respondent


JUDGMENT

V.S. Kokje, J.

1. The applicants have challenged the framing of the charge by Court of Sessions against them Under Sections 498A, 304B and 302 I.P.C. The prosecution case is that deceased Saira Bano was married to applicant No. 1-Faqruddin on 29.5.1986. The applicant No. 2-Noor Mohd. is the father of applicant No. 1. The applicants Nos. 3 and 4-Mohd. Umar and Moinuddin are his brothers. They reside at 358, Jawahar Marg, Indore except Mohd. Umar who resides at 19, Champabag, Indore, half a kilometre away. On 7.5.1990 at about 1.30 p.m., applicant No. 1 Moinuddin reported to the Police that Saira Bano was lying dead having burn marks on the body on the roof of Ghori Lodge. A merg was registered Under Section 471 Cr.P.C. The matter was investigated and a case Under Sections 498A and 306-B IPC was registered. The body was sent for Post Mortem and was handed over to Faqruddin for burial and it was accordingly graved. On 13.5.90, Rasul Ahmed, father of deceased Saira Bano complained to a Minister in the M.P. State Cabinate alleging that Saira Bano did not die a natural death but it was a case of dowry death. It was also written in the alleged complaint given to the Minister that t





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