LAWS(ALL)-2015-7-270

MANOJ KUMAR TIWARI Vs. STATE OF U.P.

Decided On July 16, 2015
MANOJ KUMAR TIWARI Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) All the aforesaid criminal appeals arise out of a common judgment, as such, they are being disposed of by a common judgment.

(2.) Challenge in the aforesaid criminal appeals is the judgment and order dated 26.09.2006 passed by Additional Sessions Judge/Fast Track Court No.20, Allahabad in Sessions Trial No. 19 of 2002, arising out of Case Crime No.127 of 2001, Police Station Audyogic Kshetra, Allahabad, whereby the appellants Manoj Kumar Tiwari, Amrawati Devi and Lallan Tiwari were convicted for the offence under Section 201 IPC and were sentenced to undergo 7 years' rigorous imprisonment each and fine of Rs.5000/- each with default stipulation of 3 months' additional imprisonment. Appellants Manoj Kumar Tiwari and Amrawati were further convicted for the offence under Section 302 IPC and were sentenced to undergo rigorous imprisonment for life and also with fine of Rs.10,000/- each with default stipulation of 6 months additional imprisonment. Appellants Manoj Kumar Tiwari and Amrawati were also convicted for the offence under Section 498-A IPC and were sentenced to undergo rigorous imprisonment for a period of three years each and also with fine of Rs.10,000/- each with default stipulation of 6 months additional imprisonment. Appellants Manoj Kumar Tiwari and Amrawati were further convicted for the offence under Section 4 of the Dowry Prohibition Act and were sentenced to undergo rigorous imprisonment for a period of two years each and also with fine of Rs.10,000/- each with default stipulation of 6 months additional imprisonment. All the sentences were directed to run concurrently. All the appellants were acquitted of the charges under Section 3 of the Dowry Prohibition Act. Appellant Lallan Tiwari was acquitted of the charges under Sections 302, 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act.

(3.) In brief, appellant Manoj Kumar Tiwari happens to be the husband of the deceased and Smt. Amrawati Devi and Lallan happen to be the mother-in-law and uncle-in-law of the deceased respectively.