VINAY KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The Criminal Appeal 3507 of 2002 filed by appellant Vinay Kumar is directed to be expedited by the Hon'ble Supreme Court vide its order dated 8.2.2013 and the appellant Vinay Kumar was granted interim bail for a period of six weeks. Initially, connected Criminal Appeal No. 3375 of 2002 was filed by two appellants namely Harish Chandra and Ravi Kumar but during the pendency of the criminal appeal, the appellant Harish Chandra has died on 9.11.2005 vide report dated 8.2.2013 of Chief Judicial Magistrate, Allahabad supported with death certificate dated 1.12.2005 certifying the death of appellant Harish Chandra on 9.11.2005 and accordingly, the proceedings against him stand abated and Criminal Appeal No. 3375 of 2002 remained alive against the appellant Ravi Kumar only.

(2.) The aforesaid appeals are directed against the conviction and sentence dated 14.8.2002 passed by Addl. Sessions Judge, Fast Track Court, Room No. 23, Allahabad in Sessions Trial No. 566 of 2001 whereby the appellants Vinay Kumar and late Harish Chandra were convicted under Sections 498-A,304-B IPC and Section 4 of Dowry Prohibition Act. They were sentenced for two years rigorous imprisonment under section 498-A IPC and fine of Rs. 2000 was also imposed on them with default stipulation. The appellants Vinay Kumar and late Harish Chandra were also sentenced for rigorous life imprisonment under Section 304-B IPC and under Section 4 of the Dowry Prohibition Act. They were sentenced for six months rigorous imprisonment along with fine of Rs. 3000/- with default stipulation. All the sentences were directed to run concurrently. Both of them were acquitted under Section 3 of the Dowry Prohibition Act.

(3.) Further, the appellant Ravi Kumar was convicted under Section 498-A IPC and Section 4 of the Dowry Prohibition Act and sentenced for two years rigorous imprisonment under Section 498-A IPC along with fine of Rs. 2000/- with default stipulation. He was also sentenced for six months rigorous imprisonment under Section 4 of the Dowry Prohibition Act along with fine of Rs. 3000/- with default stipulation. The sentences were directed to run concurrently. Appellant Ravi Kumar was acquitted under Section 304-B IPC and under Section 3 of Dowry Prohibition Act.