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2020 Supreme(All) 469

SURESH KUMAR GUPTA
Neeraj – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : From Jail, Deepak Kumar, Satyendra Narayan Singh, Subhash Chandra Pandey

JUDGMENT :

1. This jail appeal has been preferred against the judgment and order dated 17.07.2018 passed by Additional Sessions Judge, Court No. 4, Moradabad, in S.T. No. 70 of 2013 (State Vs. Neeraj), arising out of case crime No. 481 of 2012, under Sections 498A, 304-B, 302 IPC & 3/4 of D.P. Act, Police Station-Bilari, District Moradabad convicting and sentencing the appellant u/s 498A for 2 years rigorous imprisonment and fine of Rs. 5,000/- , in default of payment of fine 2 months additional rigorous imprisonment, under section 304-B IPC, 10 years rigorous imprisonment and u/s 4 D.P. Act 1 year rigorous imprisonment and fine of Rs. 5,000/- in default of payment of fine two months rigorous imprisonment. Further order that out of recovery of fine 50% money shall be given to the brother of deceased Om Prakash @ Sonu and all the sentence shall run concurrently.

2. Brief facts of the case are that the complainant Om Prakash @ Sonu lodged the FIR by giving written report with the allegation that his sister Lokesh aged about 24 years was married with appellant Neeraj five years back of the incident as per Hindu rites and rutuals. During marriage, he has given sufficient dowry according

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