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2021 Supreme(All) 140

K. J. THAKER, GAUTAM CHOWDHARY
Kanti Lal – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Jai Singh, Anjum Vishakarma, Lav Srivastava, Rupak Chaubey.
For the Respondent:Govt. Advocate.

JUDGMENT :

1. Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Anshul Tiwari, learned Advocate for the appellant and learned A.G.A. for the State.

2. At the outset, it is submitted that the accused-appellant is in jail. This appeal challenges the judgment and conviction dated 11.2.2011 passed by the Additional Sessions Judge, Court No.5, Varanasi in Sessions Trial No. 546 of 2009 convicting appellant under Sections 302 of Indian Penal Code, 1860 (hereinafter referred to as 'I.P.Code') for life imprisonment with fine of Rs.10,000/- and in default of payment of fine, to undergo further six months imprisonment.

3. Information came to be lodged on 14.7.2009 which was converted into investigative F.I.R. which was propelled by the father of the deceased. The accused is the husband of the deceased.

4. The case being triable by the Court of Sessions was committed to it after the charge-sheet was laid before it and accused was summoned. On the accused appearing before the Court of Sessions, he pleaded not guilty and, therefore, on 2.1.2010 charge was framed against him for

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