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2021 Supreme(All) 1203

K. J. THAKER, AJAI TYAGI
Sunil Kumar Divakar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Amar Singh Kashyap

JUDGMENT :

K.J. Thaker, J.

1. This appeal challenges the judgment and order dated 13.4.2016 passed by Additional Sessions Judge, Court No.1, Kannauj in Sessions Trial No.144 of 2009 convicting accused-appellant under Sections 498 & 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced him to undergo imprisonment for life with fine of Rs.25,000/-under Section 302 of I.P.C. and under Section 498A, sentenced him to undergo 2 years and 6 months rigorous imprisonment with fine of Rs.5,000/-and in case of default of payment of fine, further to undergo six months imprisonment.

2. Factual scenario as culled out from the record and the judgment of the Court below is that the complainant lodged a complaint that his daughter was married with accused-appellant namely Sunil Kumar Diwaker on 28.4.2008. After she went to matrimonial home, she was being harassed for dowry. On the fateful day, she was sent back to matrimonial home on 28.10.2008, again accused demanded money and gold chain. She was set ablaze by pouring kerosene on her despite the fact that she was pregnant. She was subjected to all kinds of mental harassment. The child in the womb was also declared dead and,

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