ZAKIR HUSSAIN Vs. STATE OF U. P.

JUDGEMENT

(1.) This appeal has been filed challenging the judgment and order dtd. 2/6/2018 passed by Session judge, Mahoba in Session Trial No.108 of 2015, arising out of Case Crime No.260 of 2015, under Sec. 302 I.P.C., Police Station Mahoba, district Mahoba, whereby convicting the appellant under Sec. 302 I.P.C. and awarded the sentence for life imprisonment and a fine of Rs.10,000.00 and in default of payment of fine 4 months additional simple imprisonment.

(2.) The prosecution story in brief is that the informant Sattar Khan @ Bhure had solemnized marriage of his daughter Nazreen with the accused Zakir on 3/4/2021 according to Muslim rights as per his status and given adequate dowry but the husband of the daughter of the informant and his other family members were not satisfied with the given dowry and they were demanding Rs.2,00,000.00 cash and a car as an additional dowry and due to non-fulfillment whereof, the daughter of the informant was tortured and maltreated by them in her matrimonial home and ultimately in the night of 9/10/4/2015 she was set on fire and on 6/5/2015 during treatment she succumbed to the burn injuries.

(3.) The investigation of the case was entrusted to the Circle Officer, Sadar, who inspected the place of occurrence and prepared the site plan and recorded the statement of witnesses. After completion of investigation, the Investigating Officer has submitted charge-sheet only against the accused-appellant Zakir Hussain, under Ss. 498-A, 304-B I.P.C. and Sec. Dowry Prohibition Act on 27/6/2015 and the cognizance was taken by the Magistrate and considering that the case was triable by the Session Judge and it was committed to the court of session and the Session Court charged the accused under Ss. 498-A, 304-B I.P.C. and Sec. Dowry Prohibition Act.