BRIJESH KUMAR Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Yogesh Srivastava, learned counsel for the appellants, Sri Om Narain Tripathi, learned A.G.A. Ist assisted by Sri Sanjay Kumar Rajbhar and Sri Rajeev Kumar Rai, Brief Holders for the State and perused the material brought on record of this appeal.

(2.) Appropriate to mention that during the course of appeal, appellant no.3 Lakhi Ram expired, therefore, his appeal stood abated against him, vide order of this Court dated 15.12.2017. Now, this appeal is confined to only two surviving appellants- Brijesh Kumar (appellant no.1) and Smt. Bala (appellant no.2).

(3.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgement and order dated 10.01.2017 passed by Additional Sessions Judge/Fast Track Court No.2, Ghaziabad in Sessions Trial No.951 of 2005, under Sections 498A, 304B and 3/4 Dowry Prohibition Act, police station- Sahibabad, district Ghaziabad, arising out of Complaint Case No.243 of 1998 and renumbered as 1758 of 2004, whereby each of the appellants has been sentenced to 10 years R.I. under Section 304-B IPC; 2 years R.I. under Section 498A IPC coupled with fine Rs.2,000/- with default stipulation for 3 months R.I.; one year R.I. under Section 4 Dowry Prohibition Act coupled with fine Rs.1,000/- along with default clause for two months R.I. All the sentences are directed to run concurrently.