- (1.) The arguments of both the appeals concluded on 11.11.2016. Following orders were passed in Criminal Appeal No.3764 of 2008 and Criminal Appeal No.3765 of 2008 by us on that date, respectively, the same is herein under: "Heard Sri Rajiv Lochan Shukla assisted by Sri Vijay Bahadur Singh and Sri Sandeep Singh, learned counsel for the appellants, Sri J.K Upadhyaya, Sri A.N. Mulla, Kumari Meena learned AGA for the State and Smt. Manju Thakur, brief holder for the state. After having heard learned counsel for the parties and perused the entire lower Court record, we do not find any reason to interfere with the conviction of the appellant recorded under Sections 304B, 498A IPC and 3/4 Dowry Prohibition Act, Police Station Jahangirabad, District Bulandshahar. However, the sentence of imprisonment for life awarded to him by the Trial Court is palliated to the period of imprisonment already undergone by him. The appellant is in jail for last more than 10 years. He shall be released forthwith unless he is wanted in any other case. There shall be however no order as to costs." "Heard Sri Rajiv Lochan Shukla assisted by Sri Vijay Bahadur Singh and Sri Sandeep Singh, learned counsel for the appellants, Sri J.K Upadhyaya, Sri A.N. Mulla, Kumari Meena learned AGA for the State and Smt. Manju Thakur, brief holder for the state. We will give reasons later. But we pronounce the operative portion here and now. This criminal appeal is allowed. The impugned judgement and order dated 21.5.2008 passed by Sri Anil Sharma Additional Sessions Judge, Court No. 1 Bulandshahar is hereby set aside. The appellants are acquitted of all the charges framed against them. They are on bail. Their bail bonds are hereby cancelled and their sureties discharged. There shall be however no order as to costs." Here are the reasons:
(2.) Instant criminal appeals have been preferred on behalf of the three appellants in all Rajiv Kumar @ Bobby s/o Hoti Lal Sharma, Hoti Lal Sharma s/o Ram Charan Sharma and Asharfi Devi @ Inderwati Sharma w/o Hoti Lal Sharma against judgment and order of conviction dated 21.5.2008 passed in Sessions Trial No.1163/2006, State v. Rajiv Kumar @ Bobby s/o Hoti Lal Sharma and others, arising out of Case Crime No. 209/2006 , Police Station Jahangirabad, District Bulandshahr, under Sections 304, 498A IPC and under Section 4 Dowry Prohibition Act, whereby the trial court has sentenced them to various imprisonments/fine. Appellant Rajiv Kumar has been sentenced to imprisonment for life while Hoti Lal Sharma and Smt. Asharfi Devi @ Indrawati Sharma each has been sentenced to seven years' rigorous imprisonment, under Section 304B IPC. Each of the aforesaid accused has been sentenced to two years' rigorous imprisonment under Section 498A IPC coupled with fine Rs.5000/and one year rigorous imprisonment, under Section 4 Dowry Prohibition Act coupled with fine Rs.2000/with default stipulation that the defaulting accused would have to suffer additional six months' and three months' imprisonment, respectively on both counts. Aforesaid sentences have been directed to run concurrently.
(3.) Appellants were acquitted of charge under Section 3 of The Dowry Prohibition Act, 1961 by the trial court.;