Nadeem Abbas vs State Of U.P.
2014 Latest Caselaw 2237 ALL

Citation : 2014 Latest Caselaw 2237 ALL
Judgement Date : 9 June, 2014

Allahabad High Court

Nadeem Abbas vs State Of U.P. on 9 June, 2014

Bench: Shashi Kant




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- CRIMINAL APPEAL No. - 756 of 2014
 

 
Appellant :- Nadeem Abbas
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- L.K. Gupta
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Shashi Kant,J.

Heard learned counsel for the appellant and learned A.G.A. for the State of U.P.

This appeal has been filed under section 374 (2) Cr.P.C. against the judgment and order dated 15.05.2014 passed by Additional Sessions Judge, Court No. 8, Lucknow, whereby the appellant has been convicted under Section 304 B I.P.C. for a period of 7 years R.I., he has also been convicted for offence under Section 498A I.P.C. for two years imprisonment and fine of Rs. 5,000/- and for offence under Section 4 D.P. Act, one year imprisonment and fine of Rs. 3,000/ vide the same judgment co-accused Smt. Farhat Begum has been acquitted for the offence punishable under Sections 304-B, 498-A I.P.C. and Section 4 D.P. Act and alternative charge under section 302 I.P.C. read with section 34 I.P.C. The appellant has also been acquitted for the alternative charge under section 302 read with section 34 I.P.C.

Learned counsel for the appellant submits that this is case of hanging death and during proceedings of inquest report informant herself was present and lodged F.I.R. after unexplained delay of about 24 hours.

Learned A.G.A. has opposed the above submissions and submits that this is a case of dowry death which has been caused during one and half year of the marriage of the deceased.

Considering the rival submissions made by learned counsel for the parties and facts and circumstances of the case, I am of the view that the matter requires re-consideration by this Court.

Admit.

Learned A.G.A. has put in appearance for the State, hence, no need to issue notice.

List this appeal for hearing on 14th July, 2014. In the meanwhile, lower court record be summoned through District Judge, Lucknow within a period of four weeks from today. In the meantime, learned A.G.A. also may find out whether any State Appeal has been filed against the impugned judgment and order or not ?

Order Date :- 9.6.2014

Monika