AHMAD SHER Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned A.G.A. for the State.

(2.) Present criminal appeal challenges judgment and order dtd. 24/9/2015 passed by the Additional Sessions Judge, Fast Track Court, Kannauj in Sessions Trial No. 121 of 2013 (State vs. Ahmad Sher) whereby the learned Additional Sessions Judge has convicted the accused-appellant, Ahmad Sher for commission of offence under Sec. 304 of Indian Penal Code, 1860 (for short 'IPC') and sentenced him to undergo imprisonment for life with fine of Rs.20,000.00 and in case of default in payment of fine, further to undergo four months' additional imprisonment.

(3.) Brief facts as culled out from the record are that the accused-appellant was married to the deceased 15-16 years prior to the incident but soon after the marriage deceased was being harassed and tortured by her in-laws for which a civil suit was filed which continued for about seven years and ended in a compromise between the parties. As per compromise, deceased was given teen beegha land by her in-laws, in between the years of civil suit accused-appellant married Hoorbano of his village Sataura. When deceased reached her matrimonial home after the compromise had taken place between the parties again her in-laws started harassing her for taking back the given piece of land and on 8/10/2012 at about 12:00 p.m deceased was done to death by her husband-accused appellant herein with the help of his brothers and second wife Hoorbano.