State Of U.P. vs Sushil Kumar Srivastava
2016 Latest Caselaw 5090 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 

 
Case :- GOVERNMENT APPEAL No. - 3907 of 2016
 

 
Appellant :- State Of U.P.
 
Respondent :- Sushil Kumar Srivastava
 
Counsel for Appellant :- G.A.
 

 
Hon'ble Abhai Kumar,J.

This Government Appeal under section 378 Cr.P.C. has been filed against the judgement of acquittal dated 16.4.2016 passed by the Additional Sessions Judge/F.T.C. Jalaun at Orai in S.T. No. 194 of 2013(State of U.P. Versus Sushil Kumar Srivastava) under sections 498-A,306 I.P.C. relating to case crime no. 868 of 2013 P.S. Jalaun district Jalaun.

The marriage of the deceased took place in the year 2005 with respondent and on 5.7.2013 the complainant received an information regarding the death of the deceased Madhu. In this respect an FIR was registered under sections 498-A, 302 I.P.C. but after investigation the case was altered under section 306 I.P.C. instead of section 302 I.P.C. and after trial the trial court observed that the plea of alibi of the respondent was correct and there was no reason for committing the crime.

The learned A.G.A. vehemently argued that no reason for suicide has been assigned by the side of the respondent. Moreover, the deceased was found on the first floor in a burnt condition whereas the complainant clearly asserted that when he reached on the spot, room was open and he found his daughter dead whereas it is found by the trial court that the door was locked from inside and it was opened in the presence of the police personnel, then the dead body of Madhu was found.

The conclusion drawn by the trial court certainly requires reconsideration and in the circumstances, this leave to appeal is allowed.

The office is directed to allot a regular number to this appeal.

Order Date :- 10.8.2016

N.A.

Case :- GOVERNMENT APPEAL No. - 3907 of 2016

Appellant :- State Of U.P.

Respondent :- Sushil Kumar Srivastava

Counsel for Appellant :- G.A.

Hon'ble Abhai Kumar,J.

Heard.

Admit.

Summon the lower court record.

List immediately thereafter.

Issue bailable warrants against the respondent. The Chief Judicial Magistrate, Jalaun is directed to get the process served upon the respondent, whether he appears or brought before the court. The compliance report regarding that will be submitted within a months from today and an undertaking will be taken from the respondent that he will remain present either personally or through his counsel on the next date of listing.

List this case after the receipt of the lower court record.

Order Date :- 10.8.2016

N.A.