AHSAN AND ANOTHER Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Ajay Kumar Mishra, learned counsel for the appellants, Sri G.P. Singh, learned A.G.A. for the State and perused the record.

(2.) This criminal appeal has been filed against the judgment and order dated 28.11.2013 passed by Additional Session Judge/Special Judge (Prevention of Corruption Act), Meerut in S.T. No. 476 of 2009 and 529 of 2009 arising out of case crime no. 23 of 2009 under sections 498-A/304-B I.P.C., alternative charge under section 302 I.P.C. and sections 3/4 D.P. Act, police station Bhawanpur, District Meerut by which appellant no. 1 is convicted and sentenced under section 304-B I.P.C. for life imprisonment and is also imposed Rs. 10,000/- in default of which further simple imprisonment of two years and under section 498-A I.P.C. for two years simple imprisonment with a fine of Rs. 1,000/- and in default of payment of fine further simple imprisonment of six months and under section 3 D.P. Act for a period of two years simple imprisonment with a fine of Rs. 1,000/- and in default of payment of fine further simple imprisonment of six months and under section 4 of D.P. Act for a period of one year simple imprisonment with a fine of Rs. 500/- and in default of payment of fine further simple imprisonment of three months. By the said judgment and order, the Additional Session Judge/Special Judge (Prevention of Corruption Act), Meerut has convicted and sentenced appellant no. 2 under section 304-B I.P.C. for 12 years rigorous imprisonment with a fine of Rs. 5,000/- in default of which further simple imprisonment of one year and under section 498-A I.P.C. for two years simple imprisonment with a fine of Rs. 500/- and in default of payment of fine further simple imprisonment of six months and under section 3 D.P. Act for a period of two years simple imprisonment with a fine of Rs. 1,000/- and in default of payment of fine further simple imprisonment of six months and under section 4 of D.P. Act for a period of one year simple imprisonment with a fine of Rs. 500/- and in default of payment of fine further simple imprisonment of three months.

(3.) The prosecution case in brief is that the informant Waheedu lodged an F.I.R. against the appellants along with Furkan and Mobeen on 22.1.2009 with an allegation that he married his daughter with appellant Ahsan on 25.3.2008 and has spent Rs. 1.5 lacs in the marriage and has further given Rs. 5100/- to appellant in cash but the appellant Ahsan, his mother appellant no. 2 Seeda, his real brother Furkan and uncle Mobeen were not satisfied with the articles given in the marriage and were demanding Rs. 50,000/- as dowry from the deceased and if the same was not met by her father, she would be killed. The deceased Yasmeen informed about the said fact to her father-informant several times and the informant expressed his inability to give the said amount because of his poverty. The appellants and other accused persons had taken the deceased from her parental house a week prior to the incident and the informant had given Rs. 20,000/- to the accused-appellants by taking a loan in the interest of her daughter. The accused have told him to further arrange Rs. 30,000/- within a week otherwise the relationship would be strained. On 22.1.2009 one person of village Abdullapur had made a call to the informant that his daughter has been done to death by her in-laws. The informant when reached along with some persons in village Abdullapur then he found that the dead body of his daughter was lying on a cot. Thereafter, he reached the concerned police station and requested that his F.I.R. be registered and action be taken against the accused for killing his daughter for want of dowry. In pursuance of the written report submitted at the concerned police station by the informant Waheedu, an F.I.R. was registered against the appellants along with two other co-accused persons, namely, Furkan and Mobeen under sections 304-B, 498-A I.P.C. and 3/4 D.P. Act at police station Bhawanpur, District Meerut. The investigation of the case was carried out by the investigating officer and charge-sheet was submitted against the appellants Ahsan, Smt. Seeda and accused Furkan, who died during the pendency of trial. The charges were framed against two appellants by the trial court under sections 498-A, 304-B I.P.C. and 3/4 D.P. Act and alternative charge was separately framed against two appellants under section 302 I.P.C. The accused denied the charges and claimed trial.