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Prosecution failure leads acquittal of five including husband in dowry death case
9/13/2014 10:44:27 PM
Jammu, Sept 13 : Principal Sessions Judge Bhaderwah M K Sharma had acquitted five accused including Manzoor Ahmed Matoo husband of victim Shaheena Begum who were facing trial in dowry death case for the last five years, as prosecution failed.
Five accused Manzoor Ahmed Matoo husband of deceased, Nazir Ahmed Matoo, Mushtaq Ahmed Matoo, Zahoor Din alias Mehboob Matoo sons of Ghulam Mustfa Matoo and Dr Anayat Ullah Wani son of Abdullah Wani all residents of village Dandi Tehsil Bhaderwah who were facing trial in dowry death case for the last five years were acquitted after prosecution failed to prove the accusations. After hearing both the sides, Principal Sessions Judge Bahderwah M K Sharma observed that evidence adduced by the prosecution is bereft of proof of cruelty due to dowry demand. Having assessed the entire evidence, the Court is of the opinion that the ingredients of section 498-A RPC are not attracted in the instant case. With these observations Court said that the prosecution have failed to prove the case against the accused beyond doubt. The challan, therefore, fails and thus accused are acquitted.
According to the police case that on 16/11/2008, information was received in Police Station Bhaderwah that burnt body of one Shaheena Begum w/o Manzoor Ahmed is lying in the veranda of Dr Anayat Ullah Wani.
On the basis of this information, a case under section 174 RPC was registered. On 18/11/2008 Yasir Arfat made a written complainant at Police Station Bhaderwah alleging therein that his sister deceased Shaheena married to the accused Manzoor Ahmed, 14 years back have estranged relations as the accused Manzoor Ahmed had run into rough on account of persistent torture and harassment by the accused Manzoor Ahmed and his brothers the accused Nazir Ahmed, Mushtaq Ahmed and Zahoor Din who used to level false allegation of unchastely on the deceased. On intervening night of 15/16th November 2008 the accused Manzoor Ahmed, Nazir Ahmed, Mushtaq Ahmed and Zahoor Din beat the deceased to death, removed the body to the veranda of the house of Dr Anayat Ullah and burnt the body. An FIR 187/2008 for the commission of offence under section 302 RPC was registered in P/S Bhaderwah and the investigation commenced and after completion of investigation challan was present.(JNF)
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