KAMLESH KUMAR ALIAS OM PRAKASH Vs. STATE

JUDGEMENT

(1.) SINCE the appellants have been convicted by the same judgment and conviction, both the appeals are being heard and decided by a common judgment.

(2.) SINCE Smt. Shyam Kali, appellant no.2 of Criminal Appeal No.639 of 1997 had died, therefore, the appeal on her behalf abates.

(3.) THE appellants through this appeal have challenged the judgment and conviction dated 27.10.1997 passed by the VIth Additional District Sessions Judge, Barabanki passed in Sessions Trial No.242 of 1994, whereby all the appellants have been convicted under Section 498 -A IPC and sentenced them to undergo RI for a period of two years with a fine of Rs.3,000/ - each and in default of payment of fine to further undergo RI for three months; under Section 4 of the Dowry Prohibition Act for a period of six months RI with a fine of Rs.2000/ - each and in default of payment of fine to further undergo RI for a period of two months and under Section 304 -B IPC read with Section 34 IPC for a period of seven years RI for Shyam Kali and Usha Devi and for appellants Brijendra Nath alias Misli and Kamlesh Kumar alias Om Prakash for a period of ten years RI.