HARIHAR PRASAD GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) BOTH the appeals relate to the same sessions trial number, therefore, with the consent of counsels for the parties, the bail prayers of the Appellants Harihar Prasad Gupta and Hanuman Prasad Gupta are being disposed of by a common order.

(2.) HEARD Mr. K.N. Raha holding brief on behalf of the Appellants Harihar Prasad Gupta and Hanuman Prasad Gupta and the learned A.G.A. for the State and perused the judgment and order of the lower court dated 13.2.2009, rendered by the Additional Sessions Judge, Court No. 5, Allahabad, in session trial No. 434/2008, whereby the Appellants have been convicted and sentenced under Sections 498A/304 -B Indian Penal Code and Section 3/4 Dowry Prohibition Act.

(3.) LEARNED AGA, on the other hand, submitted that according to the facts and circumstances of the case, it is a case of brutal killing of the deceased. Hyoid bone was fractured besides ante mortem burn injuries. The dead body was recovered from a box kept in the house of the Appellants.