MOHAMMED ASIF S/O ABDUL QADIR Vs. STATE OF CHHATTISGARH THROUGH POLICE STATION KATGHORA, DISTRICT KORBA (CG)

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 22-9- 2010 passed by 2nd Additional Sessions Judge, Katghora (CG) in Session Trial No. 107 of 2009 wherein the said Court has convicted the appellants for the commission of offence under Sections 498-A and 304-B read with Section 34 of IPC and sentenced them to undergo RI for three years and to pay fine of Rs.500/- and RI for seven years and to pay fine of Rs. 1000/-with default stipulations.

(2.) In the present case name of the deceased is Rukhsar Begam who married with appellant Mohammed Asif since two years of the incident dated 3-7-2009 and on that date she died other than normal circumstance (hanging herself). As per version of the prosecution, deceased Rukhsar Begam and appellant Mohammed Asif were married to each other in the year 2007 and it alleged that the appellant demanded dowry of Rs.2,50,000/- and motor-cycle and due to non-fulfilment of demand they committed cruelty with her soon before her death that is why the incident took place. The matter was reported and investigated and after completion of investigation charge sheet was filed, the appellants did not plead guilty and the trial was conducted. After completion of trial, the trial Court convicted and sentenced the appellants as aforementioned.

(3.) Learned counsel for the appellants would submit as under: