MOHD RAFIQ Vs. STATE OF U P

JUDGEMENT

(1.) Since both the appeals have been filed against a common judgment, the same are being decided by a common judgment.

(2.) These appeals assail the correctness of the judgment and order dated 29.06.2016 passed by Additional Sessions Judge/Fast Track Court, Hardoi in Sessions Trial No.770 of 2010, arising out of Case Crime No.330 of 2010, under Sections 498A, 304B IPC and 3/4 of Dowry Prohibition Act, Police Station Atarauli, District Hardoi, whereby the learned Additional Sessions Judge has convicted the accused-appellants and sentenced them to undergo three years' rigorous imprisonment with fine of Rs.7,000/- each under Section 498A IPC, in default of payment of fine, they shall undergo two months' additional simple imprisonment, for seven years' rigorous imprisonment under Section 304B IPC and for two years' rigorous imprisonment with fine of Rs.3,000/- each under Section 4 of Dowry Prohibition Act, in default of payment of fine, they shall undergo one month's additional simple imprisonment. All the sentences were directed to run concurrently.

(3.) Narrated concisely, prosecution case against the appellants is that the informant Saukat Ali filed a written application stating therein that he solemnized the marriage of his daughter Afsana Bano with Abdul Muttalib one year before as per his capacity and status, but her in-laws were not happy due to insufficient dowry. His son-in-law Abdul Muttalib, father-in-law Mohd. Rafiq, mother-in-law demanded Rs.50,000/- from his daughter, which she told him, but he could not fulfill the said demand. On 01.04.2010, in-laws of his daughter tried to burn her alive around 10.00p.m. On account of serious burn injuries, she was admitted in the hospital. On 02.04.2010, one of the relative informed him about the incident. He rushed to the hospital and when his daughter re-gain a little consciousness, she told him that her father-in-law, mother-in-law, husband, brother-in-law and sister-in-law assaulted her and burnt her alive after pouring kerosene oil. On 004.2010 around 04.00p.m. his daughter died.