SAFDAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal arises out of impugned judgment and order dated 08.10.2009 passed by the Additional Sessions Judge, Fast Track Court No.1, Fatehpur in Sessions Trial No.458 of 2006 (State v. Safdar), convicting the appellant under Sections 304-B, 498-A of IPC and under Section 4 of Dowry Prohibition Act and sentencing him to undergo imprisonment for life; to undergo three years Rigorous Imprisonment, with a fine of Rs.1000/-, in default thereof, six months imprisonment and to undergo one year simple imprisonment with a fine of Rs.1000/-, in default thereof, one month imprisonment, with a direction that all sentences shall run concurrently.

(2.) In the present case, name of deceased is Noor Jahan @ Kallo, wife of the accused-appellant Safdar. Their marriage was solemnized on 21.04.2006 and she died homicidal death in her matrimonial house in the night intervening 12/13.06.2006. Immediately after receiving the information about the occurrence, Chand Babu (PW-1), father of the deceased, rushed to the village of appellant and found the dead body of the deceased. Based on his written report, Ex.Ka.1 dated 15.06.2006, FIR, Ex.Ka.9, was registered on 15.06.2006 against the appellant under Sections 304-B, 498-A of IPC and 3/4 of Dowry Prohibition Act.

(3.) Inquest on the dead body of deceased was conducted on 13.06.2009, vide Ex.Ka.3 and the body was sent for postmortem, which was conducted on 14.06.2009, vide Ex.Ka.8 by (PW-6) Dr. B.N. Srivastava.