MUMTAZ ALI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri. K.S. Tiwari, learned counsel for the appellants and Sri. S.K. Tripathi (B.H.), learned counsel for the State respondent.

(2.) This Criminal appeal (under Section 374, Cr.P.C.) has been preferred by the appellants, namely, Mumtaz Ali, Akalina alias Nanhi and Jugari Begum challenging the judgment and order dated 29.4.2008 passed by the learned Sessions Judge, Mirzapur in S.T. No. 241 of 2005, arising out of Case Crime No. 376 of 2005, under Sections 304-B and 498-A, I.P.C. and Section of Dowry Prohibition Act, Police Station Marihan, District Mirzapur where by the accused Madina was acquitted and accused Mumtaz Ali, Akalina alias Nanhi and Jugari Begum were convicted and sentenced under Sections 304-B, I.P.C. for ten years rigorous imprisonment and under Section 498-A, I.P.C. for two years rigorous imprisonment with a fine of Rs.1,000/- each and Mumtaz Ali was also convicted under Section of Dowry Prohibition Act for two years rigorous imprisonment with a fine of Rs.15,000/-. All the sentences shall run concurrently.

(3.) In nutshell, according to prosecution case, F.I.R. was lodged against four accused persons, namely, Mumtaz Ali, Madina, Akalina alias Nanhi and Jugari Begum alleging that daughter of the complainant Shabana Begum was married on 7.6.2002 with Mumtaz Ali. For demand of motorcycle, they used to assault and torture her and on 21.7.2005, when the accused Mumtaz Ali had come to the house of the informant, he again demanded motorcycle and threatened her that if the motorcycle is not provided he will kill her. On 24.7.2005, Mumtaz Ali had assaulted his wife and on 25.7.2005 in the night he along with his family members poured kerosene oil and set on her fire in which the deceased received burn injuries. She was taken to the hospital at Marihan by the father-in-law of the deceased with the help of villagers. The complainant went there and admitted her in another hospital, namely, Mritunjay Hospital but on 1.8.2005 she unfortunately died.