JUDGMENT :

Rajeev Misra, J.

1. This criminal appeal is directed against the judgment and order dated 21.11.2011 passed by the Additional Sessions Judge Court No. 2 (Ex-cadre), Badaun in S.T. No. 231 of 2009 (State v. Akhtar and another) arising out of Case Crime No. 1474/2008, under sections 498A, 304B, 302/34, 306 I.P.C, and section 4 D.P. Act, P.S. Kotwali, District Badaun, whereby and whereunder the accused-appellant has been held guilty of committing the murder of his own wife Smt. Shabboo alias Shabenoor and consequently convicted under sections 498A, 302 I.P.C, and section 4 Dowry Prohibition Act. The accused-appellant has thus been sentenced with rigorous imprisonment for life alongwith fine of Rs. 10,000/- for the offence under section 302 IPC. In case of default the accused-appellant is to further undergo simple imprisonment of six months. He has been further awarded 3 years rigorous imprisonment alongwith fine of Rs. 3000/- for an offence punishable under section 498A I.P.C. In case of default, the accused-appellant is to undergo additional detention for 3 months. Lastly the accused-appellant has been sentenced with 2 years rigorous imprisonment alongwith fine of Rs. 2000/- for an offence punishable under section 4 of the Dowry Prohibition Act. In case of default in the payment of fine, the accused-appellant is to further undergo simple imprisonment for two years.

2. We have heard Mr. Rajesh Kumar Singh, the learned Amicus Curiae, Mr. Noor Mohammad, the learned counsel for the appellant, Mr. Arunendra Kumar Singh, the learned A.GA. assisted by Mr. Pradeep Kumar Sahi, Brief Holder, Mr. Anil Singh Chauhan, learned A.G.A., Mr. Prashant Kumar, learned A.G.A. and Mr. Sunil Kumar Tripathi, learned A.G.A. for the State.

3. The case in hand is in respect of an occurrence which is not only astonishing but also heinous as well as is a social crime. The accused-appellant is the husband of the deceased Smt. Shabboo alias Shabenoor and stands convicted for having committed the murder of his own wife which according to the prosecution is after more than 6 years of marriage and having produced 3 children from the ill fated wedlock.

4. It transpires from the record that according to the prosecution case the marriage of the accused-appellant Akhtar alias Bhoora was solemnized with Shaboo alias Shabenoor more than six years ago from the date of occurrence i.e. 25.7.2008 in accordance with the Muslim rites and customs. From the said wedlock, 3 daughters are said to be born. However, there is nothing on record to show the names of the children or their dates of birth. According to the prosecution story, even after the expiry of more than six years from the date of marriage of the accused appellant with Shaboo @ Shabenoor, a demand of Rs. 20,000/- is said to be raised by the husband, in the year 2008 and out of the said demand a sum of Rs. 10,000/- is alleged to be paid by the mother of the deceased on 17.7.2008. However, dissatisfied even after partial fulfillment of the aforesaid demand of dowry, the wife was tortured on account of which she was forced to leave her matrimonial home. As a consequence of the aforesaid, she came to her parental home on 25.7.2008 at 8 a.m. The mother of the deceased being a pragmatic lady solicited her daughter with the advice which would save the marriage of her daughter and consequently requested her daughter to return to her matrimonial home. Accordingly, Smt. Tasleem accompanied her daughter i.e. the deceased Shabboo alias Shabenoor to drop her at her matrimonial home on 25.7.2008 and reached there at around 10:00 am.

5. On 25.7.2008 at 4:00 p.m., the mother Smt. Tasleem received news of the death of her daughter Shaboo alias Shabenoor. She, accordingly, rushed at the matrimonial house of her daughter and found the dead body of her daughter lying on a cot kept in the court yard (SAHAN) of the house. She further discovered that there were injuries on the head, face and hands of the deceased and none of the in