VIJAI SHANKAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Arvind Kumar Kushwaha, learned Advocate assisted by Ms. Pooj and Sri Upendra Kumar Rai, learned Advocates for the appellant and learned A.G.A. for the State.

(2.) A short prelude about the period of incarceration of accused- appellants and the death of the deceased is necessary. Accused, Vijai Shankar and Smt. Meena Devi, are in jail for more than 12 years and Accused-Chandrawati was also incarcerated before she was released on bail by this Court. The deceased died after a period of 01 month and 07 days. In her Dying Declaration the deceased stated that her mother-in-law and father-in-law have brought her to the hospital and therefore, mother-in-law was granted bail by this Court. The incident occurred because of harassment to her. The court below acquitted the accused under Sec. 498A but convicted them under Sec. 304B for life imprisonment.

(3.) All the three appeals arise out of same incident and challenge the judgment and order dtd. 14/4/2011 passed by Additional Sessions Judge, New Court No.2, Jaunpur in Sessions Trial No.188 of 2010 (State vs. Vijai Shanker and Others) whereby the learned Additional Sessions Judge has convicted accused-appellants under Sec. 304B of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced them to undergo imprisonment for life.