HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 45 Case :- GOVERNMENT APPEAL No. - 2923 of 2003 Appellant :- State Of U.P. Respondent :- Damodar And Another Counsel for Appellant :- Jagdish Tiwari Hon'ble Vikram Nath,J.
Hon'ble Pratyush Kumar,J.
The application for leave to appeal was rejected vide order dated 7.9.2006 and consequently the Government Appeal was also dismissed by order of even date. The State of U.P. approached the Apex Court against the order dated 7.9.2006 passed by this Court, which was registered as Criminal Appeal No. 714 of 2009. The Apex Court vide order dated 6.5.2015, set aside the order of this Court dated 7.9.2006 and has remitted the matter to be considered afresh. This appeal arises out of the judgment of Additional Sessions Judge, Court No.8, Azamgarh dated 24.2.2003, acquitting the accused-respondents in Sessions Trial No.484 of 1995 (State of U.P. Vs. Damodar and others) arising out of case crime no.348 of 1994, under Sections 498-A, 304-B I.P.C., Police Station-Jeevanpur, District Azamgarh. We have heard learned A.G.A. for the appellant and perused the trial court's judgment and record. Upon perusal of judgment and evidence, we are of the view that the findings of acquittal require reconsideration. Therefore, leave to appeal is granted. Accordingly, the Government Appeal is admitted.
Summon the lower court record.
Issue bailable warrants to the respondent nos.1 to 2 returnable within four weeks.
List on 22.9.2015.
Order Date :- 6.8.2015 Ashish Pd.