HASMUDDIN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri M.A. Siddiqui, learned counsel for the appellant and learned A.G.A. for the State.

(2.) Present criminal appeal challenges judgment and order dtd. 5/2/2010 passed by the Additional Sessions Judge, Fast Track Court No.4, District Firozabad in Sessions Trial No.424 of 2006 (State vs Hasmuddin) in connection with Case Crime No. 26 of 2006, Police Station- Ramgarh, District Firozabad, whereby the learned Additional Sessions Judge has convicted the accused-appellant, Hasmuddin for commission of offence under Sec. 304B of Indian Penal Code, 1860 (for short 'IPC') and sentenced him to undergo imprisonment for life, under Sec. 498-A to undergo two years rigorous imprisonment with a fine of Rs.500.00 and under Sec. 3/ 4 Dowry Prohibition Act to undergo rigorous imprisonment for one year with fine of Rs.500.00 in default of payment of fine further one year's additional imprisonment. All the sentences shall run concurrently.

(3.) Brief facts as culled out from the record are that the accused-appellant was married to the deceased three and half month prior to the incident with Muslim rites and rituals and also gave one motorcycle and some house hold articles to the appellant as dowry. The In-laws were demanding rupees one lakh for bangles business. The deceased was done to death by setting her ablazed by pouring kerosene oil by her-in-laws in connection with non-fulfillment of rupees one lakh of demand of dowry. She was admitted in the hospital and her dying declaration was recorded in which she has specifically made allegation against the In-laws. During the treatment informant's daughter succumbed to her injuries.