TAHSEEN Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal challenges the judgment and order dtd. 24/5/2010 passed by Additional Sessions Judge/Fast Track Court No. 2, Saharanpur in Sessions Trial No. 06 of 2010 convicting accused-appellants under Sec. 302 read with Sec. 34 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced them to undergo imprisonment for life with fine of Rs.5,000.00 and in default of payment of fine, further to undergo imprisonment for six months.

(2.) Factual scenario as culled out from the record and the judgment of the Court below is that the accused-appellants are alleged to have set ablaze the deceased on 16/10/2009.

(3.) On the complaint of the brother of the deceased, First Information Report being No. 434 of 2009 was registered under Sec. 498A, 304B IPC and Sec. 3/4 Dowry Prohibition Act and thereafter, the investigation was moved into motion. After recording statements of various persons, the investigating officer submitted the charge-sheet against accused under Ss. 498A, 304B I.P.C. and Sec. 3/4 Dowry Prohibition Act. The learned Chief Judicial Magistrate before whom charge sheet was laid committed the same to the learned Sessions Judge. The learned Sessions Judge, on hearing the learned Government Advocate and learned counsel for the accused, framed charges under Sec. 498A, 304 of I.P.C. and Sec. 3/4 of Dowry Prohibition Act.