MEHNDI HASAN Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the appellant, learned A.G.A. for the State and perused the lower court record.

(2.) UNDER challenge in this appeal is the judgment and order dated 20.10.2003 passed by the learned Additional Sessions Judge/Fast Track Court No. 3, Hardoi in Sessions Trial No. 701 of 2000 arising out of Case Crime No. 232 of 2000, Police Station Sandila, District Hardoi whereby appellant Mehndi Hasan was convicted for the offence under Section 498 -A & 304 -B I.P.C. and Section 4 of the Dowry Prohibition Act. For the offence under Section 304 -B I.P.C. the appellant was sentenced with imprisonment for life, for the offence under Section 498 -A I.P.C. he was sentenced with rigorous imprisonment for a period of one year and also with fine of Rs. 5,000/ - with default stipulation of three months additional imprisonment. For the offence under Section 4 of the Dowry Prohibition Act, he was further sentenced with imprisonment for a period of one year and also with fine of Rs. 10,000/ - with default stipulation of three months additional imprisonment. All the sentences were directed to run concurrently.

(3.) IN brief the case of the prosecution was that complainant Yaseen Mohammad lodged an F.I.R. at Police Station Sandila alleging therein that his daughter Mausminisha was married with appellant Mahndi Hasan about two years ago. After the marriage, there was demand of motorcycle and TV by the appellant and for the aforesaid reason she was treated with cruelty and she was also beaten to pressurize the demand of dowry. The complainant several times made effort to pacify the appellant and told him that he is not in a position to give TV and motorcycle. But it made no effect on the appellant. On 5.8.2000 the complainant got an information that the appellant and other accused persons, who were acquitted by the same judgment, have caused the death of the appellant by giving blows of kicks, fists and danda. The dead body of his daughter is kept in the house. Accordingly F.I.R. was registered.