SALMAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Nazrul Islam Jafri, learned counsel for the appellant, Smt. Manju Thakur, learned A.G.A. I for the State.

(2.) This appeal has been filed by appellant-Salman against the judgment and order dated 3.1.2011 passed by Additional Sessions Judge, F.T.C. No. 5, Etah in S.T. No. 344 of 2009 (State Vs. Salman and another) arising out of Case Crime No. 156 of 2009, under Sections 304B, 316, 302 I.P.C. and Section 3/4 D.P. Act, P. S. Raja Ka Rampur, District Etah by which appellant-Salman has been convicted and sentenced to life imprisonment and a fine of Rs. 5000/- and in default of payment of fine three months additional imprisonment under Section 302 I.P.C. and 5 years rigorous imprisonment and a fine of Rs. 1000/- and in default of payment of fine one month additional imprisonment under Section 316 I.P.C. Both the sentences were directed to run concurrently.

(3.) Briefly stated the facts of this case are that P. W. 1 Sarfaraj, the father of the deceased-khushnuma gave a written report Ext. Ka4 at P. S. Raja Ka Rampur, District Etah stating therein that marriage of his daughter-khushnuma was soleminized with appellant-Salman son of Aquil resident of Mouja Pathnau Kasba and Raja Ka Rampur in February, 2009, at the time of the marriage, he had given a sum of Rs. 10,000/- and other articles to appellant-Salman. A week before the incident, he had demanded a sum of Rs. 1 lakh from him and since he was not in a position to fulfill the aforesaid demand, his daughter-Khushnuma was strangulated to death on 26.4.2009 by her father-in-law, Aquil and his three sons, appellant, Salman and Latif.