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2023 Supreme(All) 224

KAUSHAL JAYENDRA THAKER, SYED QAMAR HASAN RIZVI
Dev Saran – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Rajesh Kumar Mishra.

JUDGMENT :

Syed Qamar Hasan Rizvi, J.

1. This appeal challenges the judgment and order dated 3.9.2015 passed by Additional Sessions Judge, Court No.24, Shahjahanpur in Sessions Trial No. 13 of 2013 convicting accused-appellants under Sections 302/149 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced him to undergo imprisonment for life with fine of Rs.5,000/- and in case of default of payment of fine, further to undergo six months imprisonment.

2. Factual scenario as culled out from the record and the judgment of the Court below is that Neelu/ deceased was married to the son of Dev Saran and there was family dispute going on and on the date of incident, the deceased had gone to police station to report a complaint as soon as she returned back, the father-in-law, mother-in-law, sister-in-law and brother-in-law caught hold her and she was set ablez by Gautam (brother-in-law). The deceased was married about 10 years before the incident and according to the F.I.R. husband of the deceased was not present at the home. There was also quarrel between the family r

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