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KAUSHAL JAYENDRA THAKER, AJIT SINGH
Zakir Hussain – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. This appeal has been filed challenging the judgment and order dated 02.06.2018 passed by Session judge, Mahoba in Session Trial No.108 of 2015, arising out of Case Crime No.260 of 2015, under Section 302 I.P.C., Police Station Mahoba, district Mahoba, whereby convicting the appellant under Section 302 I.P.C. and awarded the sentence for life imprisonment and a fine of Rs.10,000/-and in default of payment of fine 4 months additional simple imprisonment.
2. The prosecution story in brief is that the informant Sattar Khan @ Bhure had solemnized marriage of his daughter Nazreen with the accused Zakir on 3.4.2021 according to Muslim rights as per his status and given adequate dowry but the husband of the daughter of the informant and his other family members were not satisfied with the given dowry and they were demanding Rs. 2,00,000/-cash and a car as an additional dowry and due to non-fulfillment whereof, the daughter of the informant was tortured and maltreated by them in her matrimonial home and ultimately in the night of 9/10.4.2015 she was set on fire and on 6.5.2015 during treatment she succumbed to the burn injuries.
3. The investigation of the case was entrusted to t
The main legal point established in the judgment is the application of the reformative theory of punishment and the doctrine of proportionality in sentencing, emphasizing the need to avoid undue hars....
Point of Law : Court considers that no accused person is incapable of being reformed and therefore, all measures should be applied to give them an opportunity of reformation in order to bring them in....
'Reformative theory of punishment' is to be adopted and for that reason, it is necessary to impose punishment keeping in view the 'doctrine of proportionality'.
Dowry Death - Conviction upheld - Criminal jurisprudence in our country which is reformative and corrective and not retributive, this Court considers that no accused person is incapable of being refo....
The burden of proof under Section 106 of Indian Evidence Act and the principles of proper sentencing and the reformative approach underlying in the criminal justice system were the main legal points ....
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