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2021 Supreme(All) 164

VIRENDRA KUMAR SRIVASTAVA
Phulau @ Phoolwati – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Shishir Pradhan, Dhirendra Pratap Singh, Piyush Shrivastava, Surya Nath.
For the Respondent:Govt. Advocate.

JUDGMENT :

1. This criminal appeal, under Section 374 (2) Code of Criminal Procedure, 1973 (hereinafter referred to as "Code"), has been filed against the judgment and order dated 28.09.2001, passed by Additional Sessions Judge, FTC No.1, Raebareli in Sessions Trial No.76 of 1991, arising out of Crime No.89 of 1990, Police Station Shivratanganj, District Raebareli, whereby appellant no.1-Smt.Phulau @ Phoolwati and appellant no.2 Bharat Sharan Singh (hereinafter referred to as 'appellants') have been convicted and sentenced for seven years rigorous imprisonment for offence under Section 304-B IPC ; for one year rigorous imprisonment with fine of Rs.500/- each for offence under Section 498-A IPC. It has further been provided that both the sentences of the appellants shall run concurrently.

2. The prosecution case, in brief, is that deceased Smt. Geeta, sister of Ram Narain Singh, (P.W.1), was married with Bharat Sharan Singh-appellant no.2. Appellant no.1 Smt. Phulau @ Phoolwati is mother of appellant no.2. On 08.06.1990, the informant (P.W.1) received information through one Ram Krishna Raidas, resident of village Pure Subedar Halmet of Satgawan, (co-villager of appellants) that the d

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