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2022 Supreme(All) 1281

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


Advocates:
Advocate Appeared:
For the Appellant : Chetan Chatterjee.

JUDGMENT :

AJAI TYAGI, J.

1. The appeal has been preferred by the appellant-Ramayan against the judgment and order dated 29.09.2016, passed by learned Additional District and Sessions Judge/FTC-II, Kushinagar in Session Trail No. 02 of 2011 (State of U.P. vs. Ramayan), arising out of Case Crime No. 445 of 2009, under Sections 498-A, 306 Indian Penal Code, 1860 (in short ‘I.P.C.’) Police Station- Turkpatti, District Kushinagar whereby the appellant is convicted and sentenced for the offence under Section 302 I.P.C. for life imprisonment with a fine of Rs. 50,000/- and in default of payment of fine, further imprisonment for two years.

2. Brief facts of the case giving rise to this appeal are that a written report was submitted by informant-Anil (brother of the deceased) at police station Turkpatti, District Kushinagar with the averments that marriage of his sister Sundarmati was solemnized with the accused-Ramayan before six years of the occurrence. Accused used to torture his sister regularly. On 07.06.2009 at about 3:00 PM, his sister died due to burn injuries and dead body of the

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