ANEES Vs. STATE

JUDGEMENT

(1.) Heard Sri Harish Chandra Tiwary, learned amicus curiae for the appellant, Sri B.D. Nishad, learned AGA for the State and perused the record.

(2.) The present criminal appeal has been preferred by the appellant Anees against the judgment and order dated 10.11.2005 passed by Additional Sessions Judge, Court No.6, Ghaziabad, in Session Trial No.1034 of 1999 (State Vs. Anees) arising out of Case Crime No.288 of 1999 under Section 304 B IPC, Police Station Loni, District Ghaziabad whereby the appellant has been sentenced to undergo ten years rigorous imprisonment under Section 304 B IPC

(3.) The facts relevant as discernible from record appear to be that the first information report was lodged by the informant Nisar Ahmad son of Asatullah Khan, resident of Mohalla Aryanagar, Police Station Loni, District Ghaziabad, at the aforesaid police station on 31.05.1999 at 4:30 p.m. to the effect that the informant's sister Firdosh entered into nuptial knot with the accused-appellant Anees two years prior to the incident and gave articles in the dowry as per his capacity. The elder brother of the accused and his wife maltreated the informant's sister for not bringing enough dowry and they demanded scooter and cash. The informant arranged residence of her sister at Mohalla Aryanagar because the accused-appellant used to quarrel with the informant's brother and mother and he was residing in a rented house of Sarfaraj in Mohalla Aryanagar and he was not visiting at the house of the informant's sister and the informant was not allowed to meet his sister. Today, an information was given by the owner of the house about some stinking smell emanating from room of Firdosh whereupon the looked door was broken when the dead body of Firdosh was found lying beneath the table. The death of Firdosh has been caused avariciously for not fulfilling the demand of dowry. The written report is Ext. Ka-1.