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2022 Supreme(All) 1009

KAUSHAL JAYENDRA THAKER, NALIN KUMAR SRIVASTAVA
Kushma Devi – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Archna Singh Jadaun, Noor Mohammad.
For the Respondent: G.A.

JUDGMENT :

Kaushal Jayendra Thaker, J.

1. By way of these appeals the two accused who have filed the appeals out of them the appellant of Criminal Appeal No.6611 of 2016 namely Rajesh Kumar breathed his last during pendency of this appeal therefore qua him the appeal is abated.

2. The sole surviving appellant Smt. Kushma Devi who is incarcerated since 17.3.2012 has preferred this appeal against the judgement and order dated 03.10.2016, passed by learned Additional Sessions Judge/ Fast Track Court No.1, Aligarh in Session Trail No. 164 of 2013 (State of UP vs. Rajesh Kumar and Others), arising out of Case Crime No. 102 of 2012, under Sections 498-A, 304B, 302/34 Indian Penal Code, 1860 (in short ''I.P.C.'), Police Station-Harduaganj, District Aligarh, whereby the appellant-Smt. Kushma Devi was convicted and sentenced for the offence under Section 302/34 I.P.C. for life imprisonment with fine of Rs.20,000/- and in default of payment of fine, further imprisonment for three months.

3. Brief facts of the case giving rise to this appeal are that a written report was submitted by complain

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