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2022 Supreme(All) 697

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


Advocates Appeared:
For the Appellant : Raj Singh, Devendra Swaroop, R.D. Dauholia, Siddharth Singh, Vijendra Singh.
For the Respondent:Govt. Advocate.

JUDGMENT :

K.J. Thaker, J.

1. This appeal challenges the judgment and order dated 28.08.2008 passed by Additional Sessions Judge, Court No.10, Aligarh in Sessions Trial No. 597 of 2006 convicting accused-appellants under Section 304-B of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced him to undergo imprisonment for life and under Section 498-A of I.P.C. three-three years rigorous imprisonment with fine of Rs.5,000/- and in default of payment of fine, further to undergo imprisonment for six months to all the appellants.

2. Factual scenario as culled out from the record and the judgment of the Court below is that the accused-appellant Harish Kumar is the husband of the deceased who died after seven days suffering out of septicemia. He is in jail since 2006 namely since the date incident occurred. The other co-accused namely the father-in-law-Naurangi Lal of the deceased breathed his last therefore qua him the appeal is abated, the third accused is minor and a juvenile, hence she was tried by Juvenile Board and as per the submission of the counsel for the ap

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