SAJID Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri S.F.A. Naqvi, learned Senior Counsel assisted by Sri Syed Ahmad Faizan, Zaheer Asghar, Ms. Fatma Anjum and Sri Munawar Hussain, learned counsel for the appellants, Sri Mohd. Afzal, learned counsel for the first informant assisted by Sri Kushagra Srivastava, Sri Shahrukh, Advocates, Sri Ghanshyam Kumar and Satyendra Tiwari, learned AGA-I for the State.

(2.) Argument heard at length to the satisfaction of learned counsel for the parties.

(3.) The aforesaid criminal appeals are --- (i) Criminal Appeal No. 1686 of 2019 (Sajid Vs. State of U.P., is only on behalf of the accused Sajid, a convicted accused for the offence under Sec. 498A, 307/34, 323/34 IPC and Sec. 4 of the D.P.Act and therefore the present appeal is under Sec. 374(2) Cr.P.C. assailing the legality and validity of the judgement and order dtd. 12/2/2019 passed by Additional Sessions Judge/ FTC, Hapur, whereby accused Sajid was sentenced under Sec. 498A, three years R.I. and a fine of Rs.3000.00 along with default clause, under Sec. 307/34 IPC for ten years R.I. and a fine of Rs.10,000.00 along with default clause, and Sec. 4 of the D.P.Act, two years R.I. and a fine of Rs.3,000.00 along with default clause AND (ii) Criminal Appeal No. 106 of 2019 on behalf of Shahjad Ali, the informant, who is assailing the aforesaid judgement and order dtd. 12/2/2019 whereby the learned trial judge has recorded the acquittal of the remaining co-accused persons, namely, Zakir, Smt. Jaitoon and Nazakat under Ss. 498A, 307/34, 323/34 IPC and Sec. 4 of the D.P.Act to reverse the finding and accord suitable sentence to them.