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ARIJIT PASAYAT, S. H. KAPADIA
Virendra Kumar – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT
Dr. Arijit Pasayat, J.—Leave granted.
2. Challenge in this appeal is to the judgment rendered by a Division Bench of the Allahabad High Court allowing the appeal filed by the appellant in part by setting aside his conviction for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC) and instead convicting him for offence punishable under Section 306 IPC. He was sentenced to undergo imprisonment for ten years. Appellant and another accused, namely, Jai Narain faced trial for alleged commission of offence punishable under Section 302 IPC. During pendency of the appeal before the High Court aforesaid Jai Narain died and, therefore, the appeal stood abated so far as he is concerned.
3. Background facts in a nutshell are as follows:
The informant Sheo Karan (PW-1)s niece Smt. Pushpa (hereinafter referred to as deceased) was married to the appellant Virendra Kumar, son of Jai Narain in village Chirli, Police Station Ghatampur. Immediately after the marriage Virendra Kumar,, his brother Suresh Kumar used to humiliate Smt. Pushpa and her other family members for bringing inadequate dowry and for being of a dark complexion. They even publicly abus
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The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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