ANIS Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-7-31
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on July 01,2013

ANIS Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) Present appeal is directed against the judgment and order dated 13.07.2010 passed by Additional Sessions Judge/ 1st FTC, Haridwar in Sessions Trial No. 455 of 2008 whereby appellant was held guilty for the offence punishable under Section 304-B, 201 IPC and was sentenced to undergo rigorous imprisonment for a period of 7 years and to pay fine of Rs. 10,000/- and in default of making payment of fine, to undergo 1 year additional imprisonment under Section 304-B IPC; sentenced to undergo rigorous imprisonment for a period of 1 year and to pay fine of Rs. 2000/- and in default of making payment of fine, to undergo two months additional imprisonment under Section 201 IPC with the stipulation that both the sentences shall run concurrently.
(2.) Brief facts of the present case, inter alia, are that PW1 Wahid lodged an FIR on 10.08.2008 at 08.15 a.m. with police station Manglore, District Haridwar stating therein that my daughter Rani was got married with the appellant, resident of same locality and for the last two years, she was being harassed by her husband (appellant), father-in-law Fazla, mother-in-law Tunni and elder brother-in-law Nafees for demand of dowry; she was being beaten up by them day and night; on this issue, there was quarrel between them; meanwhile, their illegal demand of dowry was also fulfilled, however, accused persons kept on increasing their demand; having planned, all the accused killed Rani by pouring kerosene oil on her and setting her on fire; she was taken to Roorkee Hospital by the appellant under the pressure of neigbhours and therefrom appellant fled away; PW2 (son of the informant PW1) having received such information reached at Roorkee Hospital and took Rani to Haridwar Hospital wherein she succumbed to her burn injuries; accused persons killed Rani for demand of dowry, therefore, necessary action be taken against the accused persons. On the report of PW1, case crime no. 295 of 2008 was registered against the accused persons.
(3.) Having investigated the matter, PW9 submitted charge-sheet against the appellant (husband), father-in-law Fazla, mother-in-law Tunni and elder brother-in-law Nafees.;


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