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2019 Supreme(All) 895

DEVENDRA KUMAR UPADHYAYA, RAJEEV SINGH
Sarvan @ Shravan Kumar – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
For the Appellant : O.P. Tiwari, Anuj Dayal.
For the Respondent:Govt. Advocate, R.B.S. Rathaur, Rajesh Kumar.

JUDGMENT :

Rajeev Singh, J.

The present appeal has been filed against the judgment and order dated 26th May, 2014 passed by Additional Sessions Judge, Court No. 5, District Unnao in Session Trial No. 669 of 2009 arising out of Case Crime No. 1635 of 2009, P.S. Gangaghat, District Unnao, convicting the appellant under Sections 304-B I.P.C. and Section 4 of D.P. Act and sentencing him to undergo life imprisonment under Sections 304-B I.P.C. with fine of Rs.5000/-, in default whereof he was ordered to undergo further one year imprisonment. Appellant was also sentenced to undergo two years imprisonment under Section 4 of D.P. Act with fine of Rs.2000/-, in default of payment of which, further three months' imprisonment was ordered. The sentences, so awarded, were to run concurrently.

2. The appeal has been filed on several grounds, but learned counsel for the appellant submitted that he is only challenging the sentence of the offence under Section 304-B I.P.C. on the ground that; (i) the charge was framed under Section 302 I.P.C. and the appellant was acquitted, as the evidence on record does not disclose any extra-ordinary perverse or idolic act on the part of the appellant-accused to ta

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