Pratyush Kumar, J. - (1.) SINCE these Criminal Appeals arise out of the same judgment and order dated 24.11.2006 passed in S.T. No. 422 of 2004 [State v. Mohd. Asgar], as such, both the appeals were heard together and decided by a common judgment.
(2.) THREE accused appellants filed the Criminal Appeal No. 2631 of 2006 [Mohammad Anwar and two others] under section 374 Cr.P.C. assailing the correctness of judgment and order dated 24th November, 2006 passed by Sri R.P. Shukla, the then Sessions Judge, Faizabad in Session Trial No. 422 of 2004, Police Station Haiderganj, whereby he had convicted the appellants under sections 304 -B, 498 -A IPC and 3/4 Dowry Prohibition Act and sentenced them seven years rigorous imprisonment, two years rigorous imprisonment coupled with fine of Rs. 1,000/ - in default whereof further simple imprisonment of two months and two months rigorous imprisonment respectively and directed the sentences to run concurrently. Criminal Appeal No. 481 of 2008 filed by the accused -appellant is directed against the above mentioned impugned judgment and order whereby the appellant was convicted under sections 304 -B, 498 -A IPC and 3/4 Dowry Prohibition Act and he was sentenced to undergo imprisonment for life, two years rigorous imprisonment and fine of Rs. 1,000/ - in default whereof further two months simple imprisonment and two months rigorous imprisonment respectively with the direction that the sentences to run concurrently.
(3.) THE facts giving rise to the instant appeal may be summarized as under: - - "On 2nd June, 2004, at 6.30 p.m., Mustaq Ahmad gave a written report at Police Station Haiderganj stating therein that his sister Mahrunnisha aged about 23 years was married two years ago to Mohd. Asgar. She had a daughter Mahveez aged about 7 -8 months. Mohd. Anwar was the elder brother of Mohd. Asgar. Smt. Shahjahan was wife of Mohd. Anwar and Smt. Sakrunnisha was the mother of Mohd. Asgar. They all were dissatisfied with the dowry and used to demand gold chain, ring etc. When their demands were not met they used to beat and torture Mahrunnisha who communicated her complaint to the first informant and other members of the family. Eight days ago, Asgar took Mahrunnisha, from her 'Maika' to her 'Sasural'. On that day at 5.00 p.m., he was informed that all the accused had murdered his sister and sister's daughter on account of non -fulfillment of demand of dowry by putting them on fire after sprinkling kerosene oil on them. Then he reached the 'Sasural' of his later sister where she was found dead.";