MURTAZA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Appellants, by way of present appeals, are assailing judgment and order dated 24.07.2010, passed by learned Additional Sessions Judge / 1st FTC, Haridwar in Sessions Trial No. 230 of 2009, whereby, learned trial court has found the appellants guilty for offences punishable under Section 304-B and 201 IPC; and sentenced them to undergo rigorous imprisonment for the period of 7-7 years for an offence punishable under Section 304-B IPC and to undergo rigorous imprisonment for a period of 5-5 years and to pay fine of Rs. 3,000/- each, failing which to further undergo additional imprisonment of three months under Section 201 IPC with the stipulation that both the sentences shall run concurrently.

(2.) The brief facts of the present case, inter alia, are that PW1 on 23.06.2009 has lodged an FIR with the police station Gangnahar, Roorkee contending therein, that his sister Dilshana got married to Murtaza, appellant herein about two years before therefrom; from the date of marriage, husband and in-laws were harassing Dilshana for bringing less dowry; they have threatened Dilshana to kill her, if she fails to bring motorcycle and Rs. 50,000/- in dowry; on 15.06.2009, PW1 complainant went to see his sister at Rampur, however, her mother-in-law Julekha told him that his sister had gone out with her husband Murtaza and brother-in-law Intzar; on enquiry, PW1 came to know that his sister Dilshana had gone to Kalier, thereafter, PW1 and other family members started searching Dilshana, however, fail to trace her out; on 21.06.2009, her dead body was recovered from the Gangnahar near Asafnagar control; her husband along with his brother and mother has killed the Dilshana for not bringing the sufficient dowry.

(3.) Before the trial court, PW1 complainant Irshad, PW2 Jameel, PW3 Khalil, PW4 Smt. Mehmudan, PW5 Constable Sanjayram, PW6 Sub-inspector Pratap Singh, PW7 S.P. Arun Mohan Joshi, PW8 Istkhar and PW9 Dr. Manu Jain were examined, having perused material made available before the trial court, learned trial court has passed the order and judgment impugned herein.