LAWS(ALL)-2003-5-190

ANIL KUMAR SETH Vs. STATE OF U P

Decided On May 22, 2003
Anil Kumar Seth Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) These appeals have been filed by the appellants against the judgment and order dated 5.2.2002 passed by Sri S. Lal, the then IVth Addl. Sessions Judge, Court No. 5, Varanasi in S.T. No. 59 of 2001 (under sections 498 -A, 304 -B IPC and section 4 of Dowry Prohibition Act, Po ­lice Station Baragaon, Varanasi) by which, he convicted appellant Smt. Amarawati Devi under section 304 -B I.P.C. and sen ­tenced her to life imprisonment, convicted appellant Anil Kumar Seth under section 304 -B IPC and sentenced him to undergo 10 years R.I. convicted appellants Ram Dhani, Ishwar Chandra, Vinay Kumar, Vi -nod Kumar and Sunil Kumar Seth under section 304 -B I PC and sentenced them to undergo 7 years R.I. and fined each of the appellants to Rs. 5,000/ - and convicted the appellants under section 4 of Dowry Pro ­hibition Act and sentenced them to undergo one year R.I. and also fined each of the appellants to Rs. 3,000/ - It was held by the learned Addl. Sessions Judge that as the appellants were convicted and sentenced under section 304 -B IPC, hence they are not convicted under section 498 -A I.P.C.

(2.) AS three criminal appeals filed against the same judgment by the appel ­lants, have been consolidated, hence they are disposed of together by a common judgment.

(3.) OH 11.5.2000 complainant was in ­formed about the death of her daughter by father in law of the deceased on telephone at 11.00p.m.