NASEEM AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Ms. Chandra Kala Chaturvedi learned counsel for the appellant and Shri. A.N. Mulla, learned A.G.A., for the State.

(2.) This criminal appeal has been filed under Section 374 (2) Cr.P.C, against the judgment and order dated 24.3.2006 passed by Additional District and Sessions Judge/Fast Track Court No.1, District-Siddharth Nagar, in Sessions Trial No.144/1999, whereby appellant was convicted under Sections 498-A, 304-B Indian Penal Code, 1860 and Section 4 of Dowry Prohibition Act, 1961 and sentenced for one year rigorous imprisonment and fine of Rs.1000/- under Section 498-A I.P.C., one year rigorous imprisonment with a fine of Rs.2500/- under Section 4 of Dowry Prohibition Act and Life Imprisonment under Section 304-B I.P.C. In case of non-payment of fine to undergo further sentence of 5 months. Other two accused were acquitted.

(3.) Prosecution case in brief was that on 22.3.1995, first informant Haji Hafizullah lodged a written report (Ex. Ka.1) alleging that his daughter Raina Parveen @ Munni was married to Mohd. Naseem r/o District-Bahraich (accused/appellant herein) in the year 1989. Soon after her marriage, accused repeatedly demanded dowry of Rs.10,000/-, which was ultimately given him. It was further alleged that his daughter was murdered for dowry by the appellant and his younger brother-in-law Mohd. Ashfaq. Even after some days of marriage his daughter told that she was subjected to cruelty and also beaten for dowry demand. As the daughter was subjected to cruelty, he brought her to parental house. However, after some days on intervention of elders, she was returned to her matrimonial house. It was further alleged that earlier also an attempt of murder was committed upon her daughter by pouring kerosene oil over her body. However, she was saved and he took her back to parental house and she remained there for two and a half years. Subsequently, after settlement at Panchayat, deceased was taken to her matrimonial house by her husband and in laws.