STATE OF U.P. Vs. MOHSEEN

JUDGEMENT

(1.) Heard on Admission.

(2.) Challenge in the present government appeal is to the judgment and order dated 16.02.2019 passed by Sessions Judge, Saharanpur in Sessions Trial No. 68 of 2015 (State Vs. Mohseen and others), and Sessions Trial No. 611 of 2015 (State vs. Khushnaseeb), acquitting respondent nos. 2 to 4 of the offence under Sections 498A, 304B of IPC alternatively under Section 302/34 of I.P.C read with Section 4 of Dowry Prohibition Act and also acquitting respondent no.1-Mohseen under Sections 498A, 304B of IPC read with Section 4 of Dowry Prohibition Act and convicting him under Section 302 of IPC.

(3.) In the present case, name of deceased is Shahjadi, wife of respondent no. 1-Mohseen. Their marriage was solemnized on 27.03.2011 and she died on 29.08.2011 by strangulation. On the basis of written report, Ex.Ka.1, lodged by Shamshad (PW-1), father of the deceased, FIR Ex.Ka.11 was registered against all the accused persons under Sections 498A, 304B of IPC read with Section 3/4 of Dowry Prohibition Act.