SHAISTA & ANOTHER Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Sunil Kumar, for the appellants and A.G.A., for State of U.P.

(2.) These appeals have been filed from the conviction and sentence passed by Second Additional Session's Judge, Gautam Buddha Nagar, dated 29.04.2013, in S.T. No. 336 of 2009, State of U.P. Vs. Shakir and another and S.T. No. 442 of 2009, State of U.P. Vs. Shaista (arising out of Case Crime No. 320 of 2009, under Section 498-A, 304-B IPC and Section 4 of Dowry Prohibition Act, 1961, P.S. Jewar, district Gautam Buddha Nagar), sentencing the appellants for ten years rigorous imprisonment under Section 304-B IPC, three years rigorous imprisonment with fine of Rs. 15000/- each under Section 498-A IPC and four years rigorous imprisonment with fine of Rs. 5000/- each under Section 4 of Dowry Prohibition Act, 1961.

(3.) On the complaint of Naseer Khan son of Sultan Khan, resident of Lakha Bazar, Gabhana, district Aligarh (PW-1) (father of the deceased), Constable Clerk 2176 Subhash Chand (PW-9) registered FIR of Case Crime No. 320 of 2009, under Section 498-A, 304-B IPC and Section 4 of Dowry Prohibition Act, 1961, at P.S. Jewar, district Gautam Buddha Nagar, on 09.10.2009 at 19.30 hours, against Shakir (husband), Arif (Jeth), Hanif (father-in-law), Barkat (mother-in-law) and Shaista (Jethani) of Nagma (the deceased). It has been stated in the FIR that his daughter Nagma was married to Shakir on 14.03.2008. According to his capacity, he had incurred about Rs. 5 lakhs in marriage. After sometimes of marriage, the in-laws of his daughter began to beat and torture his daughter. When his daughter informed him about it belated then he talked to them and also pacified his daughter saying that this was her house. But whenever he used to visit there, his daughter used to inform him crying that they were demanding Rs. 2 lakh and one Maruti car. They did not behave properly with him also. Whenever, his daughter informed about her problem then she used to name (i) Shakir son Hanif Khan, (ii) Hanif Khan son of Hazi Ashmeer, (iii) Barkat wife of Hanif Khan, (iv) Arif son of Hanif Khan and (v) Shaista wife of Arif, who all used to beat and torture her for dowry. One day, in night, they all told her daughter that if you could not bring Rs. 2 lakh and one Maruti car they would kill her and would also see her maternal family. My daughter informed all these things to my son Shakir then Shakir came to her matrimonial house for giving Eidi then she told to give Rs. 2 lakhs and one Maruti car to them otherwise they would kill her. Today they killed his daughter Nagma by hanging.