NOOR MOHAMMAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred against judgment and order dated 03.03.2015 passed by the learned Additional Sessions Judgment, Court No.5, Ghaziabad in Session Trial No. 675 of 2013 (State vs. Noor Mohammad and three others) under Sections 304B, 498A, 302/34 IPC and 3/4 of Dowry Prohibition Act, Case Crime No. 318 of 2013, Police Station Loni, District Ghaziabad, whereby the accused-appellant Noor Mohammad has been convicted under Section 302 of IPC and sentenced to imprisonment for life along with fine of Rs. 20,000/-. In default of payment of fine he has to undergo one year simple imprisonment. However, he was acquitted of charge under Sections 304B, 498A IPC and 3/4 of Dowry Prohibition Act. Co-accused Akbar Ali, Sarvari and Imran were acquitted of charge under Sections 304B, 498-A, 302/ 34 IPC and 3/4 of Dowry Prohibition Act.

(2.) As per prosecution version, marriage of complainant's sister Abida (deceased) was solemnized with accused-appellant Noor Mohammad, two years prior to incident but after marriage accused-appellant and his family members including father Akbar Ali, mother Sarvari and brother Imran used to demand motorcycle, golden chain and cash of Rs. 1 lakh as additional dowry and on that account they used to beat and harass the deceased. On 11.02.2013, complainant Mausam Ali (PW-1) got information that his sister has died and when he reached there he found that dead body of his sister was lying on bed and her husband and in-laws have already fled away from there.

(3.) Complainant Mausam Ali (PW-1) reported the matter to police by submitting written complaint Ex. Ka-1 and on that basis FIR was registered on 11.02.2013 at 19:20 hours vide FIR Ex. Ka-5, under Sections 498A, 304B IPC and 3/4 of Dowry Prohibition Act against accused-appellant Noor Mohammad and other accused persons, namely, Akbar Ali, Sarvari and Imran.