NAFIS KHAN Vs. STATE

JUDGEMENT

(1.) Nafis Khan impugns the judgment and order of conviction dated 21.07.2011/4.8.2011 passed by the learned District Judge-cumAdditional Sessions Judge, incharge North East District, Karkardooma Courts, Delhi in Sessions Case no. 4/2010 whereby he has been convicted under sections 498A/304B IPC and sentenced to undergo RI for 3 years, fine of Rs. 3,000/- (in default RI for 3 months) for the offence under section 498A IPC and RI for 10 years, fine of Rs. 7,000/- (in default RI for 1 year) for the offence under section 304B IPC, the sentences however having been ordered to run concurrently.

(2.) The appellant has been charged for subjecting Farzana (deceased), his wife, to cruelty by maltreating/beating her and demanding Rs. 20,000/-. He has been further charged for causing death of Farzana by pouring kerosene oil on her and burning her. Thus the appellant has been charged for the offences under 498A/304B IPC and alternatively under section 302 IPC.

(3.) The prosecution has relied upon the dying declaration made by Farzana (deceased) and the testimonies of Shakeena Khatoon (PW.7), mother of the deceased and Mohd. Zameel (PW.8), father of the deceased, to bring home the charges.