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2021 Supreme(All) 1125

VIKAS KUNVAR SRIVASTAV
Ram Avadh Yadav – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vashu Deo Misra, Anuj Kumar Srivastava, Maneesh Kumar Singh, Navita Sharma

JUDGMENT :

1. The present Criminal Appeal is preferred under Section 374 Cr.P.C. against the judgment and order dated 16.05.2002 passed by IXth Additional District Judge and Sessions Judge, Lucknow in Crime No.225 of 1997, Sessions Trial No.586 of 1998, Police Station Gomti Nagar, District Lucknow (State Vs. Ishwar Deen and others) convicting the each appellant to rigorous imprisonment for two years under Section 498-A I.P.C. and a fine of Rs.5,000/-and in default of payment of fine to further undergo six months rigorous imprisonment and under Section 304B I.P.C., ten years rigorous imprisonment and a fine of Rs.20,000/-and in default of payment of fine to further undergo two years rigorous imprisonment.

2. Heard learned counsel for the appellant, Sri Maneesh Kumar Singh, Advocate and learned A.G.A. for the State, Sri Anurag Singh Chauhan, Advocate.

3. In the instant Criminal Appeal against conviction, the brief story in the prosecution case is that Ram Dulari, mother of the deceased “Babita Yadav” lodged a first information report on 07.07.1997 in Police Station Gomti Nagar, District Lucknow that her daughter aforesaid Babita Yadav, who got married on 01.07.1994 with Ram Avadh Yadav,

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