(1.) This criminal appeal is directed against the judgement and order dated 21.11.2011 passed by the Additional Sessions Judge Court No. 2 (Ex-cadre), Badaun in S.T. No. 231 of 2009 (State Vs. Akhtar and another) arising out of Case Crime No. 1474/2008, under sections 498A, 304B, 302/34, 306 I.P.C, and section 4 D.P. Act, P.S. Kotwali, District Badaun, whereby and whereunder the accused-appellant has been held guilty of committing the murder of his own wife Smt. Shabboo alias Shabenoor and consequently convicted under sections 498A, 302 I.P.C, and section 4 Dowry Prohibition Act. The accused-appellant has thus been sentenced with rigorous imprisonment for life along with fine of Rs. 10,000/- for the offence under section 302 IPC. In case of default the accused-appellant is to further undergo simple imprisonment of six months. He has been further awarded 3 years rigorous imprisonment along with fine of Rs. 3000/- for an offence punishable under section 498A I.P.C. In case of default, the accused-appellant is to undergo additional detention for 3 months. Lastly the accused-appellant has been sentenced with 2 years rigorous imprisonment along with fine of Rs. 2000/- for an offence punishable under section 4 of the Dowry Prohibition Act. In case of default in the payment of fine, the accused-appellant is to further undergo simple imprisonment for two years.
(2.) We have heard Mr. Rajesh Kumar Singh, the learned Amicus Curiae, Mr. Noor Mohammad, the learned counsel for the appellant, Mr. Arunendra Kumar Singh, the learned A.G.A. assisted by Mr. Pradeep Kumar Sahi, Brief Holder, Mr. Anil Singh Chauhan, learned A.G.A., Mr. Prashant Kumar, learned A.G.A. and Mr. Sunil Kumar Tripathi, learned A.G.A. for the State.
(3.) The case in hand is in respect of an occurrence which is not only astonishing but also heinous as well as is a social crime. The accused-appellant is the husband of the deceased Smt. Shabboo alias Shabenoor and stands convicted for having committed the murder of his own wife which according to the prosecution is after more than 6 years of marriage and having produced 3 children from the ill fated wedlock.
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