QURBAN ALI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), has been preferred against the judgment and order dated 07.08.2003 passed by Additional Sessions Judge/Ist F.T.C., Roorkee, District Haridwar, in S.T. No.85 of 1998, whereby said court has convicted the accused/appellant Qurban Ali under Section 304-B of The Indian Penal Code, 1860 (for short, IPC) and has sentenced him to rigorous imprisonment for a period of 7 years.

(2.) Heard learned counsel for the parties and perused the lower court record.

(3.) Prosecution story, in brief, is that on 08.09.1997 P.W.1 Shamshad Hasan lodged a report at P.S. Bhagwanpur, stating therein that marriage of his daughter Alzuber (deceased) was solemnized with the accused/appellant Qurban Ali in April 1997. After 15-20 days' of the marriage, the accused/appellant has started raising demand of Scooter, whereupon, the complainant told him that he is not in a position to give Scooter. During these four months, the accused/appellant had also come at the house of the complainant and had made demand of Scooter and had also told that if (complainant) would not give scooter, he (accused/appellant) will commit suicide.