JUDGEMENT
Pradeep Kumar Srivastava -
(1.)Heard Shri Rajesh Yadav, Advocate holding brief of Shri V.P. Singh Kashyap, learned counsel for the appellant, Shri L.D. Rajbhar, learned A.G.A. for the State and perused the record.
(2.)Accused-Appellant, Anar Singh has been convicted for the offence under section 498A I.P.C. for 3 years rigorous imprisonment and Rs. 5000/- fine and in default in payment of fine 3 months additional imprisonment and under section 304B I.P.C. for 10 years rigorous imprisonment and under section 201 I.P.C. for 3 years imprisonment and Rs. 2000/- fine and in default in payment of fine 2 months additional imprisonment. He has also been sentenced under section 4 of the Dowry Prohibition Act for 2 years rigorous imprisonment and Rs. 5000/- fine and in default in payment of fine 3 months additional imprisonment.
(3.)Learned counsel for the appellant has submitted that the convicted-accused has been in jail during trial and thus as such he is in jail from 27.11.2011. He has also submitted that he was convicted on the basis of presumption. It has also been submitted that other co-accused persons have already been acquitted by the learned trial court, therefore, he argued that considering his long incarceration in jail against the sentence, he may be either released on period undergone or the sentence may be reduced.
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