State Of U.P. vs Ajeet & 2 Others.
2014 Latest Caselaw 6214 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- U/S 378 CR.P.C. No. - 86 of 2014
 

 
Applicant :- State Of U.P.
 
Opposite Party :- Ajeet & 2 Others.
 
Counsel for Applicant :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Ashwani Kumar Singh,J.

Heard learned A.G.A. and perused the lower court record.

This application has been filed with a prayer to grant the leave against the judgement and order dated 15.2.2014 passed by learned Addl. Sessions Judge, Court No. 3, Hardoi in S.T. No. 448 of 2012 whereby the accused respondents have been acquitted for the offence punishable under sections 304-B, 498-A IPC and section 3/4 D.P. Act and added charge under section 302/34 IPC.

From the perusal of the record it reveals that in the present case the FIR has been lodged in pursuance of the order passed by learned Magistrate concerned in exercise of powers conferred under section 156(3) Cr.P.C. on 18.4.2012. According to the FIR the marriage of the the deceased was about four years prior the alleged incident. There was demand of dowry of colour T.V., golden chain and Rs. 50,000/- for which the deceased was subjected to cruelty, ultimately the deceased committed suicide. According to the post mortem examination the deceased has sustained a ligature mark around the neck, the cause of death was due to ante mortem hanging. In support of the prosecution version seven witnesses have been examined, in which P.W. 1 Diley Ram, the father of the deceased and P.W. 2 Satya Pal, the brother of the deceased  have been examined  as witnesses of the fact. According to the cross examination P.W. 1 Diley Ram had admitted that the marriage of the deceased was solemnized in the year 2004 in the month of July. According to his statement the death of the deceased occurred after seven and half years of her marriage. In such a case presumption of dowry death shall not be attracted. The trial court has considered all the evidence available on the record. There is no mis-reading of the evidence also. The findings of the acquittal recorded by the trial court acquitting the accused respondents does not require any interference by this court because the possible view has been taken by the trial court acquitting  the accused respondents. In such circumstances, the prayer for granting the leave to appeal is refused.

Accordingly this application is dismissed.

Order Date :- 9.9.2014

RPD/Leave to appeal

Case :- U/S 378 CR.P.C. No. - 86 of 2014

Applicant :- State Of U.P.

Opposite Party :- Ajeet & 2 Others.

Counsel for Applicant :- Govt.Advocate

Hon'ble Ravindra Singh,J.

Hon'ble Ashwani Kumar Singh,J.

Heard learned A.G.A. and perused the lower court record.

Since the application for granting the leave to appeal has been dismissed today, this appeal is also dismissed.

Let lower court record be sent back to the court concerned forthwith.

Order Date :- 9.9.2014

RPD/Appeal