ABUBAKAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard at length Sri R.B.S. Rathaur, learned counsel for the appellant, Sri Abhay Veer Singh, learned AGA for the State and perused the record.

(2.) The instant criminal appeal has been preferred by appellant Abubakar son of Jumman @ Kasim against the judgment of conviction dated 16.12.2015 and order of sentence dated 17.12.2015 passed by Additional Sessions Judge, Court No. 3, Raibareli in Sessions Trial No.432 of 2010 arising out of Case Crime No. 1229 of 2009, under Sections 498-A, 304-B IPC and in the alternative under Section 302 IPC and 3/4 Dowry Prohibition Act, Police Station Mohanganj, District Raebareli, whereby the appellant has been sentenced to seven years rigorous imprisonment under Section 304-B IPC and two years imprisonment under Section 498A IPC with fine of Rs. 5,000/-, in case of default, he would have to suffer six months additional imprisonment; one year imprisonment with a fine of Rs. 5,000/-, in case of default he would have to suffer three months additional imprisonment, under Section 4 of Dowry Prohibition Act. Appellant has been acquitted of the alternative charge under Section 302 IPC and charge under Section 3 of Dowry Prohibition Act Sentences shall run concurrently.

(3.) Prosecution story as discernible from record appears to be; that first informant Meraj Ali gave typed / written report to the Superintendent of Police, Raebareli, dated 27.12.2009 wherein he stated that he got wedded his sister, Anisul to the present appellant Abubakar, according to Muslim tradition and custom and gave dowry as per his capacity but the in-laws of Anisul were not satisfied with the dowry and they used to maltreat and harass his sister. They used to say to his sister that her brothers are earning livelihood in Bombay, therefore, she should get Rs.5 lacs from them or she should get a plot in Bombay. In case the demand is not fulfilled, she will be killed. This kind of dowry demand was made on several occasions to the first informant but the first informant, with a view to avoid the situation, tried to reconcile the matter. Today, on 22.12.2009 at 9.00 am, Smt. Sabiran the mother-in- law of first informant's brother Shiraj, informed that Anisul's in-laws are beating her. Thereafter Abbas Ali, a co-villager also telephonically informed that Anisul's father in law Jumman @ Kasim, Nanad (sister in law) Arifa Bano and Wasreen, mother-in-law Rahimul and husband Abubakar had done her to death by strangulation.