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2018 Supreme(All) 403

A.P.SAHI, RAJEEV MISRA
ASHOK KUMAR – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
N.K. Sharma, Deep pandey and Anjani Kumar for the Appellants; A.G.A. for the Opposite Party.

JUDGMENT :

1. The learned Additional District & Sessions Judge, Fast Track Court-3 Jalaun at Orai has convicted all the four appellants of having committed the alleged offence of murder of one Smt. Priti aged about 20 years, the wife of the appellant Ashok Kumar to whom she was married a year ago. The husband his two brothers Pappu and Prabhat as well as their father Om Prakash had been charged under the offences under Section 498-A read with Section 304 B read with Section 3/4 Dowry Prohibition Act initially, but later on after recording the testimony of the witnesses of the prosecution particularly, P.W.1 to P.W.5 and the Court having declared them hostile at the instance of the prosecution, the charges were altered under Section 302/34 IPC, and consequently all the appellants were tried simultaneously in Session Trial No. 254 of 2009 along with Session Trial No. 255 of 2009, arising out of Case Crime No. 390 of 2009 and were finally convicted with life imprisonment and a fine of Rs. 1000/-. In the absence of deposit of fine, the appellants have to undergo further two months imprisonment.

2. Aggrieved all the appellants have joined together in this appeal and have prayed for sett



























































































































































































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