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2019 Supreme(SC) 218

R.BANUMATHI, R.SUBHASH REDDY
SUNIL KUMAR GUPTA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
For the Appellant : Mr. Syed Ahmad Naqvi,Adv, Mr. Gaurav Kumar,Adv. Mr. Priyanshu Maheshwari,Adv. Ms. Shilpi Gupta,Adv. Mr. B. Ramana Murthy, AOR, Mr. A. Ramesh,Adv. Mr. R. Chandrachud, Adv. Ms. Aruna Gupta,Adv. Mr. Syed Ahmad Naqvi,Adv. Mr. B. Ramana Murthy, AOR,
For the Respondent: Mr. Ajay Vikram Singh, AOR Ms. Pooja Singh,Adv. Ms. Priyanka Singh,Adv. Mr. Kamlesh Anand,Adv. Mr. Prithvi Pal, AOR Mr. Rohit Singh,Adv.

JUDGMENT

R. BANUMATHI, J.

Leave granted.

2. These appeals arise out of the order dated 25.04.2017 passed by the High Court of Judicature at Allahabad in Criminal Revision No. 1354 of 2017 in and by which the High Court has affirmed the order of the trial court summoning the appellants under Section 319 Cr.P.C. for the offence punishable under Section 302 IPC.

3. Marriage of deceased Shilpa, daughter of Sudhir Kumar Gupta (PW-1) was solemnized with Dimpal @ Akash Deep on 26.01.2006. Out of the wedlock, two children were born. According to the complainant -Sudhir Kumar Gupta (PW-1), his daughter Shilpa was complaining about the demand of dowry by her husband Dimpal @ Akash Deep and the appellants-her in-laws. Complainant-PW-1 alleged that on 19.08.2012, his daughter Shilpa was set ablaze and she told him in full consciousness that Chanchal @ Babita, Sachin, Sunil Kumar Gupta (Elder uncle of Dimpal), Pushpa (wife of Sunil Kumar Gupta), Vicky (Son of Sunil Kumar Gupta), Neeru, Shrikant Gupta (Brother of Sunil Kumar Gupta), Bhagwan and Khusbu Gupta have poured kerosene on her and burnt her. Dying declaration of Shilpa was recorded by the Tehsildar on 19.08.2012 at 09.40 PM in which she















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