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Srinagar court convicts husband, mother-in-law, brother-in-law in Bemina dowry murder case

Kashmir Pen by Kashmir Pen
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Srinagar, Oct 15: A Court of Additional Sessions Judge, Srinagar, has convicted three members of a family, including the husband, mother-in-law and brother-in-law of a woman who died under suspicious circumstances in Bemina in June 2022, in a dowry-related murder case, while acquitting two other women accused.

The judgment was delivered on October 13 by the Court of Additional Sessions Judge Srinagar, in connection with FIR No. 109/2022 registered at Police Station Batamaloo under Sections 498-A, 302, 120-B and 201 of the Indian Penal Code (IPC), as per news agency . 

The deceased, Mst Tasleema, wife of Shahnawaz Ahmad Dar and a resident of Nund-Reshi Colony-B, Bemina, was found dead on June 27, 2022. According to the prosecution, she had allegedly been subjected to mental and physical harassment by her in-laws over her inability to conceive despite nine years of marriage.

The post-mortem examination conducted at Government Medical College, Srinagar, concluded that the cause of death was asphyxia due to smothering. The doctors also opined that the injuries found on her body were not self-inflicted.

During the trial, the prosecution examined 23 witnesses, including doctors, family members of the deceased, a neighbour and investigating officers. The medical evidence and statements of the witnesses formed part of the evidence examined by the court.

The court observed that the medical evidence established homicidal smothering and noted that the deceased was living with her husband in the matrimonial home, where the other accused also resided.

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The court held that the husband, mother-in-law and brother-in-law had failed to provide a plausible explanation regarding the fatal injuries sustained by the deceased inside the matrimonial home. It also observed that their explanations during examination under Section 313 of the Code of Criminal Procedure further strengthened the prosecution case.

However, the court held that the call detail records relied upon to establish the conspiracy were inadmissible due to the absence of a proper certificate under Section 65-B of the Indian Evidence Act. It nevertheless concluded that the conspiracy involving the three convicted accused could be inferred from their conduct and the surrounding circumstances.

The court also held that the charge under Section 201 IPC, relating to causing the disappearance of evidence or giving false information to screen an offender, had not been proved.

Giving the benefit of doubt to the two women accused, Mst Sumiya and Mst Saika, the court acquitted them of all charges, observing that the evidence did not specifically establish their involvement in the crime.

Accordingly, Mst Hafeeza Begum (mother-in-law), Parveez Ahmad Dar alias Bilal (brother-in-law) and Shahnawaz Ahmad Dar (husband) were convicted under Sections 302 and 120-B IPC.

The court ordered that Hafeeza Begum, who was on bail, be taken into custody and lodged in Central Jail, Srinagar. The jail superintendent was directed to produce all three convicted persons before the court for hearing on the quantum of sentence.

The matter was listed for October 14, 2026, for further proceedings.

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