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2021 Supreme(All) 169

ARVIND KUMAR MISHRA-I, SUBHASH CHAND
Hotilal Rajput – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Purushottam Dixit.
For the Respondent: G.A.

JUDGMENT :

Subhash Chand, J.

1. Criminal Appeal No. 7291 of 2019 (Hoti Lal Rajpoot and another Vs. State of U.P.) has been preferred on behalf of convict Hoti Lal Rajpoot and Lajjawati and the Criminal Appeal No. 7649 of 2019 (Arvind Kumar Vs. State of U.P.) was preferred on behalf of convict Arvind Kumar, against the judgment and conviction order dated 14.11.2019 passed by Sessions Judge, Auraiya, convicting the appellants Hotilal Rajpoot, Lajjawati and Arvind Kumar for the charges under Sections 302 r/w 34 IPC and sentenced them with imprisonment for life and fine Rs.25,000/-. In default of payment of fine additional imprisonment of six months was directed to be undergone by the appellants in S.T. No. 5 of 2016, arising out of Case Crime No. 675 of 2015, under Sections 498-A, 304-B, 302/34 IPC and Section 4 of Dowry Probibition Act, P.S. Auraiya, Disrtrict Auraiya.

2. Since both the Criminal Appeals arise out of the same Sessions Trial number, they have been heard together and are being disposed of by a common judgment.

3. The matrix of the prosecution case as gathered from the record are that the first informant Sarman Lal's daughter Arti was married with accused Arvind Kumar son of

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