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2022 Supreme(MP) 1383

S. A. DHARMADHIKARI, S. A. DHARMADHIKARI
Mukesh Kumar Gupta – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Shri Hitendra Kumar Golhani, Advocate as Amicus Curiae, Shri Praveen Namdeo, Government Advocate for the Appellant.

JUDGMENT

1. This Criminal Appeal under Section 374 (2) Cr.P.C. has been preferred by the appellant being aggrieved by the judgment of conviction and sentence dated 07.11.1998 passed by learned Second ASJ Katni, District Katni in S.T. No. 621/1997 whereby the learned ASJ has convicted the appellant for the offence punishable under Section 498-A, 304-B of Indian Penal Code (hereinafter referred as 'IPC') as well as Section 3/4 of Dowry Prohibition Act 1961 (hereinafter referred as 'Act 1961'). Since, offence under Section 498-A of IPC and 3/4 of the Act 1961 occurred in the course of the same transaction, the trial Court sentenced him under Section 304-B of IPC to undergo R.I. for seven years with fine of Rs. 5000/-. Default stipulation has also been imposed by trial Court.

2. According to prosecution case, on 18.08.1997 information regarding unnatural death of deceased by burn was reported to police by the appellant. Police registered the marg intimation report and inquired the matter. During inquiry, police conducted the post-mortem of the deceased as well as recorded the statements of witnesses whereby it was revealed that marriage of deceased Rupa Gupta was solemnized with appellan

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