HAFEEZ KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Indu Prakash Singh, the learned counsel for the appellant and Shri R.S. Dwivedi, the learned Additional Government Advocate for the State.

(2.) By means of the instant appeal filed under Sec. 374 (2) of Cr.P.C., the appellant has challenged validity of the judgment and order dtd. 27/3/2019 passed by Sri Nand Pratap Ojha, the learned V Additional Sessionss Judge, Bahraich in Sessions Trial No.110 of 2017, arising out of Case Crime No.215 of 2017 under Ss. 498-A, 323, 304-B, 201, 504, 506, 302 I.P.C. and 3/4 Dowry Prohibition Act registered at Police Station- Risiya, District Bahraich, to the extent that it holds the appellant guilty of committing offences under Ss. 302, 201 I.P.C. and sentences him to undergo simple imprisonment for life and pay Rs.50,000.00 as fine and on failure to pay fine, to undergo simple imprisonment for a further period of 3 years for the offence under Sec. 302 I.P.C. The appellant has been sentenced to undergo simple imprisonment for 5 years and pay Rs.10,000.00 fine and in case of failure to pay fine, to undergo simple imprisonment for a further period of one year for the offence under Sec. 201 I.P.C.

(3.) Briefly stated, facts of the case are that on 15/1/2017, the informant Shabana, daughter of Azmat Khan, had given a written complaint to the Station House Officer, Risiya stating that her sister Sayra Bano had got married to the appellant - Hafeez Khan on 11/5/2016. Merely a few days after marriage, her sister informed her telephonically that the appellant, his mother - Zakrun Nisa, her maternal aunt Shahjahan and his grand-father Buddhu used to beat her for demanding dowry. Thereafter, the informant took her sister to her home. After some days, the appellant visited the informant's home, apologized for his fault and assured that such things would not recur. The informant sent her sister with the appellant on 12/12/2016. After a few days, the informant's sister informed her telephonically that all the aforesaid four persons had again started beating and harassing her for demanding dowry. The informant tried to contact her sister through phone, but her phone was switched off. On 15/1/2017, she went to her sister's home at Makoliya where all the aforesaid four accused persons abused and threatened her and they turned her out of their home. The informant expressed a suspicion that the aforesaid four persons had made her sister disappear for demanding dowry.