NOORJAHAN AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Nazrul Islam Jafri assisted by Sri H.C. Tiwari, learned counsel for the appellants and Sri Saghir Ahmad assisted by Sri J.K. Upadhyay, learned AGA for the State.

(2.) This appeal has been filed by appellants-Noorjahan, Shugra and Lala against the judgment and order dated 14.1.2013 passed by learned Additional Sessions Judge, Court No. 6, Budaun in S.T. No. 98 of 2011 (State Vs. Lala and others) whereby the appellants have been convicted and sentenced to undergo rigorous imprisonment for life together with fine of Rs. 40,000/- and in default of payment of fine to undergo additional imprisonment of 10 months under Section 302/34 I.P.C.

(3.) Briefly stated the facts of this case are that P. W. 1 Amna Khatoon gave a written report Ext. Ka1 on 14.8.2010 at about 6:30 A.M. at P. S. Alapur, District Budaun stating therein that she was widow of Munne, resident of Ward No. 10, Sakhanu, P. S. Alapur, District Budaun; she had married her daughter-Zahira Khatoon with one Lalloo Banjare, resident of Ward No. 10, Sakhanu, P. S. Alapur about two years back and had given a sum of Rs. 1 lakh as dowry to him at the time of the marriage. Zahira Khatoon had a five month old daughter-Farhana. Lalloo Banjare (non-appellant) and Lala A3 were demanding a motorcycle from from her mother. She had told them that she was a poor widow and was not in a position to give them a motorcycle on account of which her daughter-Zahira Khatoon was beaten and abused by them everyday. They used to tell her to leave their house otherwise they would kill her. Her husband-Lalloo Banjare (non-appellant), brother in law(jeth)-Lala A3, sister in law(jethani)-Shugra A2, mother in law(saas)-Chhoti and sister in law(nanad)-Noorjahan A1 used to maltreat her on account of non fulfillment of their demand of a motorcycle.