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2023 Supreme(All) 843

SIDDHARTHA VARMA, MANISH KUMAR NIGAM
Rameshwar Lal Chauhan – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rajeev Kumar Singh, Divyanshu Nandan Tripathi, P.K. Singh
For the Respondent: G.A.

JUDGMENT :

Manish Kumar Nigam, J.

1. This criminal appeal has been filed against the judgment and order of conviction dated 30.11.2016 passed by learned Addl. District and Sessions Judge, Court no.7, Gorakhpur in Sessions Trial No.153 of 2015 whereby the learned Additional District and Sessions Judge, Court No.7, Gorakhpur (hereinafter referred as ‘trial court’) has convicted Rameshwar Lal Chauhan (appellant-accused) s/o late Mishri Lal Chauhan for the offence punishable under Section 302 IPC and sentenced him for life imprisonment and has ordered him to pay a fine of Rs. 25,000/-. In the default of the payment of fine, he had to further suffer rigorous imprisonment for a period of one year. By the same judgment dated 30.11.2016, learned trial Court acquitted the other co-accused namely Smt. Bela Devi, wife of late Mishri Lal Chauhan, Bhuvneshwar Lal Chauhan slo late Mishri Lal Chauhan, Parmeshwar Lal Chauhan, s/o late Mishri Lal Chauhan under Section 498A, 304B, 323, 302 IPC and 3/4 Dowry Prohibition Act.

2. The factual matrix of the case is that the informant namely Sarju Chauhan s/o late Pyare Lal Chauhan submitted a written complaint Ex.Ka-1 on which the First Information Report E

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