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2018 Supreme(All) 2537

DINESH KUMAR SINGH
Ram Kishore – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : P.K. Rai, Awadhesh Kumar Singh, K.K. Singh Rathore, Ramesh Singh.

JUDGMENT :

Dinesh Kumar Singh, J.

1. The present appeal has been filed by appellant, Ram Kishore s/o Mahadeen. Aggrieved by the judgment and order of conviction and sentence dated 31st August, 2001 passed by the Additional Sessions Judge, Ayodhya Case, Lucknow in Sessions Trial No.683 of 1997 arising out of Case Crime No.224 of 1988 under Sections 498-A and 304-B IPC, Police Station Sarojini Nagar, District Lucknow.

2. The Trial Court vide impugned judgment and order had acquitted four other accused of all charges and had only convicted only the accused-appellant under Sections 498-A and 304-B IPC and sentenced him to undergo 3 years’ rigorous imprisonment with fine of Rs.5,000/- under Section 498-A and 10 years’ rigorous imprisonment under Section 304-B IPC. It was further directed that both the sentences would run concurrently. In the event of non payment of fine, the accused would undergo 6 months further imprisonment.

3. The prosecution case, in brief, is that on 6th December, 1988, Ram Kumar, brother of the deceased, Krishna Kumari gave a written complaint, Exh.Ka-1 at Police Station-Sarojini Nagar, District-Lucknow alleging that deceased, Krishna Kumari was married to the accused

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