ILIYAS Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Prashant Kumar, learned counsel for the appellant in Criminal Appeal No. 2942 of 2012 and Sri Surendra Kumar Tiwari, learned counsel for the appellants in Criminal Appeal No. 7154 of 2011 and Sri Patanjali Mishra, learned A.G.A. for the State.

(2.) Present criminal appeals challenges judgment and order dtd. 19/11/2011 passed by the Additional District and Sessions Judge, Court No.8, Basti in Sessions Trial No. 24 of 2010 (State vs. Akram Ali and another) whereby the learned Additional Sessions Judge has convicted the accused-appellants for commission of offence under Sec. 304B of Indian Penal Code, 1860 (for short 'IPC') and sentenced them to undergo imprisonment for life. For commission of offence under Sec. 498A I.P.C they are sentenced to undergo rigorous imprisonment of two years six months with fine of Rs.5000.00 each and in case of default in payment of fine further to undergo nine months additional imprisonment. For commission of offence under Sec. 3 and 4 D.P. Act the court has sentenced accused to undergo rigorous imprisonment of six months each with fine of Rs.1000.00 each and in case of default in payment of fine, further to undergo six months' additional imprisonment.

(3.) Brief facts as culled out from the record are that the accused-appellant Iliyas was married to the deceased two years prior to the incident, deceased was tortured and harassed by the in-laws for non fulfillment of demand of dowry one splendor motorcycle or Rs.50,000.00 cash. On 28/2/2009 at about 1:00 p.m father of deceased got information that accused-appellants Illiyas-husband of the deceased, Akram Ali-father-in-law of the deceased, mother-in-law of the deceased, Jabbar Ali, Mohd. Tayyab had done to death his daughter and set her ablaze.