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2006 Supreme(All) 1421

IMTIYAZ MURTAZA, R.N.MISRA
RAJESH PANDEY – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
R.K. Tiwari, V.C. Tiwary, Kaushal Kishore Mishra, Akhilesh Kumar, Manish Tiwary, A.K. Awasthi for the Appellants; K.P. Shukla, A.G.A., for the Opposite party.

JUDGMENT

Hon’ble R.N. Misra, J.—This appeal has been preferred by the convicted appellants, Rajesh Pandey, Kallu alias Shivdhani, Smt. Rama and Smt. Shanti Devi alias Sitawati against the judgment and order dated 5.12.2003, passed by Smt. Kamini Pathak, the then Additional Sessions Judge (Fast Track Court No. 1), Fatehpur, whereby the appellants have been convicted for life imprisonment for the offence, punishable under Section 304-B, I.P.C. They have further been convicted for the offence punishable under Section 498-A, I.P.C. and Section 3/4 of Dowry Prohibition Act and sentenced to undergo R.I. for three years, fine of Rs. 10,000 and R.I for two years with fine of Rs. 10,000/ respectively. In case of non-payment of fine, they have been sentenced for additional R.I for one year and six months respectively.

2. The facts giving rise to this appeal are as under :

The accused-appellants are resident of village Budhanna, Police Station Chandpur, District Fatehpur. The complainant-informant, Shiv Balak Tiwari is resident of village Garhi, Police Sation Jafarganj, District Fatehpur. Smt. Rekha aged about 23 years was daughter of complainant, Shiv Ba































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