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Indra Devo & Another v. State Of U.P. - CRIMINAL APPEAL No. 6439 of 2006  RD-AH 18228 (28 October 2006)
Hon'ble M. K. Mittal, J.
This appeal has been preferred by Indra Devo and Smt. Artee who are father and mother in laws of the deceased against the judgement and order dated 11.10.2006 passed by Addl. Sessions Judge, F.T.C. No. 5, Deoria in S. T. No. 173 of 2002 whereby the appellants have been found guilty and convicted under Sections 304-B/34, 498-A/34 and Section 4 of D.P. Act and have been sentenced to undergo rigorous imprisonment up to seven years and fine has also been imposed on them with default stipulation.
Heard learned counsel for the parties and perused the impugned judgement.
Learned counsel for the appellants has contended that the deceased committed suicide and the marriage had taken place about 7-8 years earlier. He has also contended that prosecution witnesses no. 1 and 2 had turned hostile and did not state about the demand of dowry. However the testimony of other two witnesses who had stated that Golden Chain was being demanded by the accused persons has not been proved.
In the circumstances of the case, but without prejudice to the merits of the case, appellants be released on bail, during pendency of this appeal, on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned. The fine as imposed under Section 304 IPC shall remain stayed during pendency of this appeal and the fine imposed in other Sections shall be paid by the appellants.
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