Allahabad High Court
Nizaqat Khan vs State Of U.P. on 9 August, 2016
Bench: Raghvendra Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 49
Case :- CRIMINAL APPEAL No. - 547 of 2010
Appellant :- Nizaqat Khan
Respondent :- State Of U.P.
Counsel for Appellant :- Apul Misra,P.N. Misra
Counsel for Respondent :- Govt. Advocate
Hon'ble Raghvendra Kumar, J.
Heard learned counsel for the appellants-petitioners and learned A. G. A. for the State of U.P. and perused the material available on record.
This appeal has been instituted by Nizaqat Khan against the judgment and order dated 15.12.2009 passed by Additional Sessions Judge, Court No. 8, Shahjahanpur in Sessions Trial No. 320 of 2008 ? (State of U.P. Vs. Nizaqat Khan & Ors) arising out of Case Crime No. 129 of 2007, under Sections 498-A, 304-B I.P.C & Section ¾ Dowry Prohibition Act, Police Station - Katra, District - Shahjahanpur, whereby the accused ? Nizaqat Khan & Ors., have been convicted for the offences under Sections 304-B & 498-A, I.P.C, alongwith Smt. Anees Fatima and Km. Rizwana and sentenced each of them to 12 years rigorous imprisonment, 3 years rigorous imprisonment alongwith fine of Rs.1000/- in default of the payment of fine to further undergo one months S.I and 5 years R.I alongwith fine of Rs.15,000/- in default of the payment of fine to further undergo 3 months S.I respectively.
Heard Sri Ajay Kumar Baranwal, learned counsel for the appellants-petitioners, learned A.G.A for the State.
Learned counsel for the appellants-Nizaqat Khan, submitted that he does not want to press this appeal on behalf of appellants-petitioners on merits and submitted that accused has already undergone the sentences awarded of more than eight and half years. He further submitted that accused is a poor village person and is a daily-wage earner and frequently remains ill, who owns all the responsibilities of maintaining his family members. Learned counsel further submitted that appellant has no criminal history or criminal antecedent to his credit and he has prayed that the quantum of sentence be reduced.
Learned counsel for the appellant - Nizaqat Khan submitted that a lenient view may be taken since the accused-petitioner has already undergone sentence of more than eight and half years and has undergone the sentence sufficient period in jail. He be released on the basis of period already undergone.
Learned A.G.A for the State submits that he has no objection to the prayer that the lenient view may be taken.
In view of the above observations, this criminal appeal deserves to be partly allowed with modification of sentence by reducing the quantum of sentence awarded by the trial Court.
The finding of conviction of appellants for the offences under Section 304-B is hereby affirmed and maintained. The sentence of 12 years R.I. awarded by the trial Court for the aforesaid offences is hereby reduced to R.I. for nine years to appellant - Nizaqat Khan.
No interference is being made with the conviction and sentence awarded to the accused for rest of the offences. It is made clear that the sentence awarded for the different offences to the accused-appellant all shall run concurrently. The appellant shall be entitled to the benefits under Section 428 Cr.P.C.
The criminal appeal is partly allowed to the aforesaid extent.
Let a copy of this order be transmitted forthwith to the learned trial court below for information and further compliance. The appeal of the co-accused ? appellants shall be decided later on on merits.
Order Date :- 09.08.2016,
Vinod.
