JAI PRAKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) Shri Hemant Kumar Mishra, learned counsel for the appellant, and Shri Dharmendra Singh, learned AGA for the State were heard at length.

(2.) Under challenge in the instant appeal is the judgment and order dated 19.08.2008 passed by Special Judge (E.C. Act)/Additional Sessions Judge, Faizabad, in Sessions Trial No. 796 of 1996 arising out of Case Crime No. 205 of 1996, Police Station Mahrajganj, Faizabad, whereby the present appellant Jai Prakash was convicted under Sec. 498 -A IPC and was sentenced to undergo rigorous imprisonment for a period of one year and also with fine of Rs. 5,000/ - with default stipulation of one year's additional imprisonment. For the offence under Sec. 304 -B IPC, he was sentenced with imprisonment for life and for the offence under Sec. 3/4 of the Dowry Prohibition Act, he was sentenced with rigorous imprisonment for a period of one year and also with fine of Rs. 5,000/ - with default stipulation of one year's additional imprisonment. All the sentences were directed to run concurrently.

(3.) It is a case of dowry death. Present appellant happens to be the husband of the deceased. By the impugned judgment, Smt. Kushlawati, who happens to be the mother -in -law of the deceased, was acquitted on the ground of her separate living.