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2022 Supreme(All) 1052

KAUSHAL JAYENDRA THAKER, AJAI TYAGI
Raj Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Arun Kumar Srivastava, K.K. Mishra, Mahesh Kumar Kuntal, Mohd. Samiuzzaman Khan, Shailendra Singh

JUDGMENT :

Ajai Tyagi, J.

1. This criminal appeal is preferred by appellant-Raj Kumar against the order and judgment dated 17.09.2011 passed by Additional Sessions Judge, Court No.17, Bulandshahr in Session Trial No.1398 of 2007 (State Vs. Raj Kumar) and Session Trial No.86 of 2008 (State Vs. Smt. Geeta and others) arising out of Case Crime No.301 of 2007, under Section 498A, 304B of IPC alternatively under Section 302 r/ w Section 149 of IPC and Section 3 and 4 of Dowry Prohibition Act, Police Station-Pahasu, District-Bulandshahr, by which the accused persons Smt. Geeta, Tej Pal and Ram Pratap were acquitted of all the charges. During the course of trial, accused Dharmwati has passed away and trial was abated against her and appellant-Raj Kumar was convicted for the offence under Section 302 r/w Section 149 of IPC and sentenced for life imprisonment with fine of Rs.10,000/-and one year S.I. in case of default of fine. Appellant-Raj Kumar was also convicted under Section 3 of Dowry Prohibition Act, 1961 and sentenced to five years R.I. and fine of Rs.15,000/-and one year S.I. in case of default of fine. Appellant-Raj Kumar was further convicted under Section 4 of Dowry Prohibition Ac

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