SHARIF KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Appellant Sharif Khan and Smt. Bano Begum have preferred this appeal against the judgment and order of learned Additional District and Sessions Judge, Court No. 3, District Farrukhabad passed on 13.6.2003 in Sessions Trial No. 352 of 2001 arising out of Crime No. 75 of 2001, under Sections 498-A, 304-B I.P.C. and 3/4 of Dowry Prohibition Act, P.S Rajepur, District Farrukhabad whereby learned Additional Sessions Judge held both appellants guilty under Sec. 304-B I.P.C. and sentenced them with life imprisonment and fine of Rs. 5000.00 each and in default to undergo simple imprisonment of one year. They were also held guilty under Sec. 498-A I.P.C. and punished with three year's rigorous imprisonment and fine of Rs. 1000.00 and in default to serve additional six months simple imprisonment. Under Sec. 3/4 of Dowry Prohibition Act one year rigorous imprisonment and Rs. 1000.00 fine with default stipulation was imposed. All punishment were to run concurrently.

(2.) Briefly stated facts of the case are that complainant Shri Latif Khan, resident of Village Amtara, Police Station Pachdevra, District Hardoi, married his daughter Smt. Shamshida Begum with accused Shri Sharif Khan about two years prior from the date of her death. Accused Sharif Khan husband and Smt. Bano Begum mother-in-law of the deceased Smt. Shamshida Begum were not satisfied with the dowry which was given by the complainant. Both accused started demanding additional dowry including double bed, deg, utensils of brass/bronze, cycle and Rs. 10,000.00 in cash after one year of the marriage. Allegation is that demand of dowry was not met by the complainant that is why accused persons murdered his daughter. The information was given to complainant by the police. There upon he came to the Village of the accused persons Garhia Jasupur, P.S Rajepur, District Farrukhabad where he found that his daughter had been murdered by the accused persons through strangulation on 25.6.2001.

(3.) Complainant got scribed the report Exhibit Ka-1 from one Shri Mohammad Ali s/o Mohammad Saddiq, resident of Daulatpur Chakai, P.S Rajepur, District Farrukhabad and lodged as F.I.R. at P.S. Rajepur, District Farrukhabad.