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2014 Supreme(UK) 354

ALOK SINGH, SERVESH KUMAR GUPTA
BHAGWAT SINGH BHAKUNI – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


For the Appellant :Mrs. Pushpa Joshi, Sr. Adv. assisted by Mr. Navneet Kaushik and Mr. Saurav Adhikari, Advocates
For the Respondent:Mr. A.S. Gill, Deputy Advocate General assisted by Mr. Milind Raj, Brief Holder

JUDGMENT

Hon’ble Alok Singh, J. (Oral)

Present appeal is preferred assailing the judgment and order dated 21.05.2012, passed by the learned Sessions Judge Nainital in Session Trial No. 27 of 2009 whereby accused appellant was held guilty for the offences punishable under Sections 302, 498-A I.P.C; and was sentenced to undergo life imprisonment and to pay fine of Rs.20,000/- and in default of making payment of fine, to undergo additional imprisonment of one year under Section 302 I.P.C.; to undergo R.I. for a period of three years and to pay fine of Rs.5,000/- and in default of making payment of fine, to undergo additional imprisonment of six months under Section 498-A I.P.C.

2. Brief facts of the present case, inter alia, are that PW1 Lal Singh, reported the matter to Police Station Kotwali Haldwani, District Nainital on 03.09.2008; as per the F.I.R. his daughter Manju got married with accused appellant on 27.01.2006; so many items were given as gifts and dowry at the time of marriage; soon after the marriage, Manju was being treated with cruelty by her mother in law, brother in law Prakash Bhakuni and husband (accused appellant); accused appellant having consumed alcohol used to






























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