State Of U.P. vs Amarnath Chauhan S/O Late ...
2023 Latest Caselaw 20778 ALL

Citation : 2023 Latest Caselaw 20778 ALL
Judgement Date : 4 August, 2023

Allahabad High Court

State Of U.P. vs Amarnath Chauhan S/O Late ... on 4 August, 2023

Bench: Surya Prakash Kesarwani, Nand Prabha Shukla





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:156267-DB
 
Court No. - 42
 
Case :- GOVERNMENT APPEAL No. - 357 of 2023
 
Appellant :- State of U.P.
 
Respondent :- Amarnath Chauhan S/O Late Srikishun Chauhan
 
Counsel for Appellant :- Ashutosh Kumar Sand
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Ms. Nand Prabha Shukla,J.

1. Heard Sri K.P. Pathak, learned A.G.A. for the appellant.

2. This Government appeal has been filed alongwith an application for leave to appeal to challenge the judgment and order dated 29.03.2023 in Session Trial No.121 of 2019 (State Vs. Ranjit Chauhan and Amarnath Chauhan) under Sections 498A, 304B/34, 302/34 I.P.C. and Sections 3/4 Dowry Prohibition Act, 1961 arising out of Case Crime No.21 of 2019. The accused Ranjit Chauhan (husband of the deceased) has been convicted while the accused respondent Amarnath Chauhan who is uncle-in-law (????? ????) of the deceased has been acquitted.

3. We have perused the impugned judgment and we find that it is admitted case of the prosecution that the acquitted person Amarnath Chauhan was living separately in a house about 25-30 meters away from the house of the deceased. The marriage of the deceased Saroj was solemnized on 28.11.2013 with the accused Ranjit Chauhan. The evidence led by prosecution leaves no manner of doubt that the specific allegation as per complaint case was against Ranjit Chauhan.

4. Considering the facts and circumstances and evidence as led by prosecution, we find that the impugned judgment and order passed by the learned Sessions Judge, Court No.2, Ballia in Session Trial No.121 of 2019 acquitting the accused respondent Amarnath Chauhan does not suffer from any apparent error or perversity. Under the circumstances, we find that the appellant/applicant have completely failed to make out any case for granting leave to appeal.

5. Therefore, the application for leave to appeal is rejected. Consequently, the appeal stands dismissed.

Order Date :- 4.8.2023/vkg