LAWS(ALL)-2021-1-71

MAHBOOB Vs. STATE OF U. P.

Decided On January 29, 2021
MAHBOOB Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard Chandra Prakash Singh, learned counsel for the revisionists, Sri Ashutosh Tiwari, learned Advocate holding brief of Sri Gaurav Kakkar, learned counsel for the Opposite Party No. 2 and Sri Sanjay Kumar Singh, learned A.G.A. for the State and perused the record.

(2.) The trial court record was summoned which has been received on 11.01.2018, as per the office report. The same has also been perused.

(3.) The present revision has been preferred against the judgment and order dated 06.08.2015 passed by the Judicial Magistrate, Gautam Budh Nagar in Criminal Case No. 68 of 2013 (State of U.P. Vs. Mahboob and others) under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Rabpura District Gautam Budh Nagar (concerning Case Crime No. 101 of 2012, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Rabpura, District Gautam Budh Nagar), whereby, the revisionists have been convicted and sentenced under Section 498-A I.P.C. to 2 years simple imprisonment, fine of Rs. 1000/- and in default of payment of fine to one month simple imprisonment, under Section 323 I.P.C. to 06 months simple imprisonment, fine of Rs. 500/- and in default of payment of fine to one week simple imprisonment, under Section 3/4 Dowry Prohibition Act to 1 year simple imprisonment, fine of Rs. 1000/- and in default of payment of fine to one month simple imprisonment. The sentences have been ordered to run concurrently. The accused persons have been acquitted of the charges levelled against them under Sections 504, 506 I.P.C. vide the same judgment also against the judgement and order dated 24.05.2016 passed by Additional Sessions Judge / F.T.C., Gautam Budh Nagar in Criminal Appeal No. 62 of 2015 (Mahboob and Others Vs. State of U.P.) by which the accused persons have been convicted and sentenced under Section 498-A I.P.C. to 2 years simple imprisonment, fine of Rs. 1000/- and in default of payment of fine to one month simple imprisonment, under Section 323 I.P.C. to 06 months simple imprisonment, fine of Rs. 500/- and in default of payment of fine to one week simple imprisonment, under Section 4 Dowry Prohibition Act to 1 year simple imprisonment, fine of Rs. 1000/- and in default of payment of fine to one month simple imprisonment.