DR. ISLAM ALI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Nazrul Islam Jafri and Sri Neeraj Sharma, learned counsels for the appellants, Dr. Akhilesh Kumar Sharma, learned counsel for the complainant, learned A.G.A. for the State and perused the record.

(2.) Since both these criminal appals have been filed by respective appellants arise out of the same judgment and order dated 18.3.2017 passed by Additional DistrictSessions Judge-VII District Bijnor, in Sessions Trial Nos. 813 of 2011505 of 2015 (State of U.P. Vs. Islam Ali and another and State of U.P. Vs. Tariq Ali) arising out of Case Crime No. 403 of 2011, under Sections 498A, 307/34 IPC3/4 Dowry Prohibition Act, P.S. Najibaba District Bijnor, whereby appellants (in Criminal Appeal No.1463 of 2017) Dr. Islam AliDr. Tariq have been convicted for the offence under Sec. 307 read with Sec. 34 Penal Code is seven years rigorous imprisonment with fine of Rs. 10,000.00 each, under Sec. 498A Penal Code is two years rigorous imprisonment with fine of Rs. 2,000.00 each, for the offence under Sec. 4 of Dowry Prohibition Act is six months imprisonment with fine of Rs. 2000.00 each, and in the eventuality of not paying the fine, the appellants shall undergo further simple imprisonment for six months each. In connected Criminal Appeal No. 1576 of 2017 the appellants namely Bushra Ali, Ayesha Islam and Nadeem alias Zahid Ali convicting and sentencing under Sec. 498-A Penal Code for rigorous imprisonment for two years with fine of Rs. 2,000.00 each, under Sec. 323 Penal Code for six months rigorous imprisonment and under Sec. 4 of Dowry Prohibition Act to undergo further rigorous imprisonment of six smonths with fine of Rs. 2,000.00 in respect of appellant no. 3 and in respect of appellant nos. 1 and 2 to undergo rigorous imprisonment of two years with fine of Rs. 2000.00 each and under Sec. 4 of Dowry Prohibition Act to undergo further rigorous imprisonment of six months each and with fine of Rs. 2000.00 each and to undergo simple imprisonment of three months in default of not paying the fine.

(3.) In brief, the prosecution case as narrated in the first information report lodged by P.W.1 Fariduddin that he had married his daughter appellant no. 1 with Dr. Tariq Ali on 17.2.2008 as per Muslims rites and customs. He had given sufficient dowry at the time of marriage and has also paid cash in the marriage. However, her husband and in-laws were not satisfied with dowry and were making an additional demand of Rs. Fifteen lakhs on account of which she was mentally and physically tortured. Her husband Tariq also used to assault her and create pressure to bring Rs. Fifteen lakh from her father. It is further averred that the ill treatment and torture continued for several months, ultimately on 17.7.2011 at about 10 A.M. her husband Tariq, father Islam Ali and other family members came to the house of first informant and assured him that they will mend their ways and will not commit any torture on his daughter. The first informant sent his daughter and grand daughter with the accused with them, in the way after stopping the Car the accused who had come to fetch assaulted her badly and she was thrown out of the Car. It is further stated that the appellant Tariq in order to murder her fired by Tamancha. In the said incident P.W.2 Eram Fatema sustained injuries. Her medical report and X-Ray report have been proved by the prosecution and have been exhibited.