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2023 Supreme(All) 37

K. J. THAKER, MOHD. AZHAR HUSAIN IDRISI
Amit Kumar Dubey – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sudeep Dwivedi

JUDGMENT :

Mohd. Azhar Husain Idrisi, J.

1. Heard Sri Sudeep Dwivedi, learned counsel for the appellant and learned A.G.A. for the State.

2. The present appeal challenges the judgment and order dated 28.04.2010 passed by Additional Sessions Judge/Fast Track Court No. 1, Mirzapur in Sessions Trial No. 148 of 2009 (State Vs. Amit Kumar Dubey) convicting and sentencing the appellant alone under Section 498-A of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') for three years simple imprisonment with fine of Rs.5,000/-, further sentenced him under Section 304-B IPC for life imprisonment and also sentenced him under Section 4 of Dowry Prohibition Act with fine of Rs. 10,000/-. In case of default of payment of fine, further to undergo imprisonment for 6-6 months additional imprisonment.

3. Factual data as culled out from the record is that a First Information Report being Case Crime No. 45 of 2009 was lodged on 13.03.2009 at Police Station Padari, District Mirzapur on the complaint made by one Uma Shanker, resident of Village Mahdauri, Police Station Padari, District Mirzapur, who sta

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