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2014 Supreme(All) 80

ANIL KUMAR SHARMA
MUNNU SETH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
H.N. Singh, B.N. Singh, B.L. Verma and H.M. Singh for the Appellants; A.G.A., I.K. Chaturvedi and D.S. Tewari for the Opposite Party.

JUDGMENT

Hon’ble Anil Kumar Sharma, J.—Challenge in this appeal is to the judgment and order dated 21.4.2001 passed by Sri Raj Kumar, the then Additional Sessions Judge, Court No. 1, Jaunpur in S. T. No. 214 of 1998 State of U.P. v. Muunu Seth and others, under Section 498-A, 304-B IPC and ¾ Dowry Prohibition Act, whereby each appellant had been convicted and sentenced to 10-years’ R. I. under Section 304-B and 3-years’ R. I. under Section 498-A IPC with fine of Rs. 1000/- each. They have been further found guilty for the offence punishable under Section 3/4 Dowry Prohibition Act and sentenced to under go rigorous imprisonment for six months.

2. The Chief Judicial Magistrate, Jaunpur has reported vide report dated 3.5.2013 that accused Munnu Seth had died on 3.10.2007. He has appended the copy of police report and death certificate as also copies of statements of police sub-inspector, Member, Nagar-Palika Parishad and son of the deceased, therefore, appeal of appellant No. 1 Munnu Seth stands abated.

3. Facts germane to the appeal are that on 8.1.1998 at 00.30 hrs complainant Mata Prasad Seth s/o Tulu Seth r/o Mohalla Keet Ganj, Allahabad submitted a written report in P.S. Kotwali,





































































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