LAWS(ALL)-2019-4-222

RAJESH JHA Vs. STATE OF U.P.

Decided On April 26, 2019
Rajesh Jha Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Brijesh Sahai, assisted by Sri Bhavya Sahai, learned counsel for the appellant and Smt. Manju Thakur, learned A. G. A.-I for the State.

(2.) This criminal appeal has been preferred by appellant, Rajesh Jha against the judgement and order dated 18.10.2012 passed by the Additional District and Sessions Judge, Court No. 7, Ghaziabad in S. T. No. 854 of 2009; State vs. Rajesh Jha convicting the appellant and sentencing him to undergo imprisonment for life under section 304B I. P. C., three years simple imprisonment and a fine of Rs. 10,000/- and in case of default in payment of fine, three months additional simple imprisonment under section 498A I. P. C., one year simple imprisonment and a fine of Rs. 5,000/- and in case of default in payment of fine, one month additional simple imprisonment under section 4 of Dowry Prohibition Act. All the sentences were directed to run concurrently.

(3.) Upon being charge-sheeted, Chief Judicial Magistrate, Ghaziabad committed the accused Rajesh Jha for trial to the Court of Sessions Judge, Ghaziabad where the case was registered as S. T. No. 854 of 2009; State vs. Rajesh Jha and made over for trial from there to the Court of Additional District and Sessions Judge, Court No. 7, Ghaziabad who on the basis of the material on record and after hearing the prosecution as well as the accused on the point of charge, framed charge under section 498A, 120B, 304B I. P. C. and section 4 of Dowry Prohibition Act. The accused abjured the charges framed against him and claimed trial.