ANEES Vs. STATE

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order dated 29.7.2011 passed by Additional Sessions Judge, Court No. 9, Barabanki in S.T. No. 1110 of 2009 whereby the appellant Anees has been convicted under Section 498 -A IPC and sentenced to undergo imprisonment for two years with fine of Rs. 2000/ -. Under Section 304 -B IPC, the appellant has been sentenced to undergo imprisonment for life and under Section 4 Dowry Prohibition Act, he has been sentenced to undergo one year imprisonment and a fine of Rs. 1000/ -. In case of default in deposing the amount of fine, he is to undergo further imprisonment for six months. All the sentences were directed to run concurrently.

(2.) SHORN of unnecessary details, according to prosecution case, the informant Munir Ahmad had married his daughter Raisa Bano with the appellant on 16.12.2003 and gave dowry according to his status. After marriage, in -laws used to demand Rs. 10,000/ - and a motorcycle and on demand being unfulfilled they used to assault his daughter. Several times matter was pacified and his daughter was sent to her in -law's house. On 2.6.2009 at about 6 a.m. the informant received informant that his daughter has been killed by her in -laws. It is alleged that his daughter has been murdered for the lust of dowry by Anees (husband), Mushir (brother in law), Smt. Taseerun (sister in law) and Ali Hasan (father in law). On the basis of application, case was registered at case crime no. 589 of 2009 under Sections 498 -A IPC, 304B IPC and 3/4 Dowry Prohibition Act. After registration of the case, circle officer got conducted the inquest on the dead body of the deceased, which is Ex. Ka -7 and prepared relevant papers for conducting post mortem examination, which are Ex. Ka -8 to Ka -12. Dupatta of the deceased was also seized under a recovery memo which is Ex. Ka -13. The site place of place of occurrence was also prepared which is Ex. Ka -5. Post mortem on the dead body was conducted on 2.6.2009 at 4 p.m. The post mortem report is Ex. Ka -2. After conclusion of the investigation, charge sheet was submitted against Anees, Ali Hasan, Mushir and Taseerun. The case was committed to the court of sessions. The case of the defence was of denial and they claimed trial.

(3.) IN order to prove its case, the prosecution had examined PW -1 Munir Ahmad, PW -2 Dr. Sanjeev Kumar Verma, PW -3 Riyaz Ahmad, PW -4 Constable Jaikaran Singh, PW -5 Sanjay Kumar, PW -6 Constable Shivdhyan Pandey and PW -7 Constable Rajesh Singh.