SUHEIL Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been preferred by appellant Suheil against the judgment and order of conviction dated 25.08.2004 passed by the Additional Sessions Judge, FTC No.1, Ghazipur, in Sessions Trial No. 84 of 2003, State v. Suheil, arising out of Case Crime No. 487 of 2002 under Sections 302, 506 IPC and Sessions Trial No.85 of 2003 arising out of Case Crime No.616 of 2002 under Section 25 Arms Act, Police Station Bhanwarkol, District Ghazipur whereby the appellant has been sentenced to life imprisonment coupled with fine Rs. 5000/- under Section 302 IPC, in default of payment of fine, one year additional rigorous imprisonment, two years rigorous imprisonment coupled with fine Rs. 500/- under Section 506(2) IPC, in default of payment of fine, three months' additional rigorous imprisonment and three years rigorous imprisonment coupled with fine Rs. 500/- under Section 25 Arms Act, in default, three months' additional rigorous imprisonment. All the sentences were directed to run concurrently.

(2.) Heard Sri Satyadheer Singh Jadaun, learned counsel for the appellant, Sri Saghir Ahmad assisted by Sri J.K. Upadhyay and Kumari Meena, learned AGAs for the State and perused the record.

(3.) The facts of this case as unfolded in the first information report appear to be; that the first informant, Smt. Maimun Nisha wife of Harun Hussain, resident of village Dehari, Police Station Rajpur, District Baxar, State of Bihar, lodged a written report with Police Station Bhanwarkol, District Ghazipur on 24.10.2002 at 06:15 a.m. regarding the occurrence which took place in the night intervening 23/24.10.2002 to the effect that her father-in-law Majid son of Aziz arranged marriage of his relative namely Zubair resident of Machchati, Police Station Bhanwarkol, District Ghazipur with the daughter of Gafoor, resident of Chakiya, Police Station Genhara, District Ghazipur.