- (1.) The instant appeal is directed against the judgment and orders dated Ist August, 2014 passed by Sri Vishesh Sharma, Additional Sessions Judge, Chandausi, Moradabad in Sessions Trial No. 350 of 2011 (State Vs. Sarfaras alias Guddu and others), whereby the appellants were convicted under sections 304B/34, 498A IPC and 3/4 Dowry Prohibition Act and sentenced to undergo rigorous imprisonment of 10 years, rigorous imprisonment of three years and fine of Rs. 5,000/- each, rigorous imprisonment of five years with fine of Rs. 15,000/- each and rigorous imprisonment of one year with fine of Rs. 1,000/-, in default of payment of fine they were directed to undergo imprisonment for six months on first two counts and imprisonment of three months on three counts. All the sentences were directed to run concurrently.
(2.) Heard Sri Mohit Singh, Advocate counsel for the appellants, Sri Raj Bahadur, Advocate learned AGA for the State-respondent and perused the record.
(3.) Learned counsel for the appellants in support of his appeal has very briefly submitted that in the present case prosecution witnesses have turned hostile. The learned trial Judge on the basis of part statement of Smt. Maksoodan, P.W.1 and dying declaration Ext. Ka-4 has convicted the appellants without taking into consideration facts and circumstances of the case. He further submits that the appreciation of evidence made by the learned trial Judge is illegal, against the settled principles of law, for this reason findings recorded by the him are factually and legally incorrect. The impugned judgment is against the facts of the case and law and deserves to be set aside.;