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2010 Supreme(SC) 472

ALTAMAS KABIR, H.L.GOKHALE
Durga Prasad – Appellant
Versus
State of M. P. – Respondent


Advocates appeared:
For the Appellants :R.P. Gupta,Sr. M.P. Singh, Rajeev Kumar Bansal, Advocates. For the Respondents:Vibha Datta Makhija, Advocates.

Judgment :

ALTAMAS KABIR, J.

1. Leave granted.

2. This appeal is directed against the judgment and order dated 28th April, 2009, passed by Jabalpur Bench of the Madhya Pradesh High Court, dismissing Criminal Appeal No.103 of 2000, which had been directed against the judgment of conviction and sentence under Section 498-A and Section 304-B Indian Penal Code. By the said judgment, the learned Sessions Judge had sentenced the Appellants to undergo rigorous imprisonment for 3 years and to pay a fine of Rs.1,000/- and in default of payment of fine to undergo rigorous imprisonment for 3 months under Section 498-A IPC and to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.5,000/-and in default of payment of such fine, to undergo rigorous imprisonment for a further period of 3 years. Upon consideration of the materials on record, the High Court was of the view that the prosecution had proved its case beyond all reasonable doubts and that the appeal, therefore, deserved to be dismissed.

3. Appearing in support of the appeal, Mr. R.P. Gupta, learned Senior Advocate, contended that both the Courts below had erred in convicting the Appellants on the basis of evidence on record
















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