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2015 Supreme(SC) 173

VIKRAMAJIT SEN, R.K.AGRAWAL
RAMAKANT MISHRA @ LALU ETC. – Appellant
Versus
STATE OF U. P. – Respondent


JUDGMENT

VIKRAMAJIT SEN, J.

1. These Appeals assail the Judgment dated 13.07.2010 of the learned Single Judge, High Court of Judicature at Allahabad, Lucknow, who had affirmed the conviction of the Appellants and the sentencing under Sections 498A and 304B of the IPC pronounced by the VIIIth Additional District & Sessions Judge, Faizabad on 15.4.1999. The essay, therefore, is to reverse the concurrent findings and sentence of the Courts below.

2. The endeavour of the learned counsel for the Appellants is almost entirely predicated on an exculpatory Dying Declaration allegedly made by the deceased, who was the wife of the 1st Appellant and the sister-in-law of the 2nd Appellant and the 3rd Appellant. The deceased Vijay Lakshmi was married to the 1st Appellant, Ramakant Mishra, in 1989 and from that wedlock a son named Sonu was begotten. Sonu has been living with his maternal grandparents who have cared for all his requirements, without any efforts on the part of the Accused towards taking over his custody or making any contribution for his expenses. The prosecution has shown/proved that due to non-fulfillment of demands of dowry the deceased was harassed, tortured and treated wit











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