LAWS(ALL)-2017-6-20

ANIL KUMAR Vs. STATE

Decided On June 16, 2017
ANIL KUMAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Anil Kumar, sole appellant in the instant appeal, was charged under Sec. 498-A of the Indian Penal Code 1860 (in short "IPC"), 304-B IPC, alternatively under Sec. 302 Penal Code and Sec. 4 of the Dowry Prohibition Act 1961 (in short "D.P. Act") on 03.03.2011 for murder of his wife Smt. Tara Devi.

(2.) During the course of trial as many as eight witnesses were produced by prosecution. Statement of appellant was recorded under Sec. 313 of the Code of Criminal Procedure 1973 (in short "Cr.P.C."). No defence was given.

(3.) On conclusion of trial, appellant Anil Kumar was convicted under Sec. 302 Penal Code and 498-A IPC. However, he was acquitted by the trial Judge under sections 304-B Penal Code and 4 D.P. Act. Appellant was sentenced to life imprisonment and a fine of Rs. 10,000.00 with default stipulations under Sec. 302 Penal Code and three years rigorous imprisonment ("R.I.) and a fine of Rs. 5000.00 under Sec. 498-A IPC. All sentences were ordered to run concurrently by impugned judgment dated 28.07.2011.