Hema Devi vs State Of U.P. And Ors.
2023 Latest Caselaw 4844 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 14
 

 
Case :- CRIMINAL APPEAL No. - 1273 of 2010
 

 
Appellant :- Hema Devi
 
Respondent :- State Of U.P. And Ors.
 
Counsel for Appellant :- Devi Prasad Singh
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Suresh Kumar Gupta,J.

Case called out. None appears on behalf of the appellant-complainant to argue the case.

Mr. S.P. Tiwari, learned A.G.A. for the State is present.

As the matter is very old, this Court proceeded to decide the matter finally with the assistance of learned A.G.A.

This criminal appeal has been filed under Section 372 Cr.P.C. by the complainant against the judgment and order dated 25.03.2010 passed by learned Judicial Magistrate, Pratapgarh in Criminal Case No. 249 of 2005, under Sections 498-A, 504 & 506 IPC and Section 3/4 of the Dowry Prohibition Act, Police Station Raniganj, District Pratapgarh whereby the opposite party nos. 2 to 6 have been acquitted by the trial court of the charges levelled against them.

Perusal of order sheet shows that on 1.8.2022 when the case was called out counsel for appellant complainant was not present. The learned A.G.A. for the State had also raised objection that in view of provisions contained in Section 378 (4) Cr.P.C. only leave to appeal is maintainable and without obtaining leave, the appeal cannot be filed. Therefore, this Court granted an opportunity to learned counsel for appellant and fixed the date as 5.8.2022. Thereafter the case was listed but no one has put in appearance on behalf of the appellant.

It is relevant to point out here that this appeal has been filed without any application for grant of leave to appeal, even otherwise, this Court gone through the judgment passed by the trial court. The trial court after appreciating the evidence, statements of witnesses came to the conclusion that when marriage of two real sisters took place with two real brothers and from one sister demand of dowry has been made while other sister is living happily with her husband, it is highly unbelievable that she was subject to cruelty. Hema Devi has alleged that on 4.8.2004 while demand of one golden chain and buffalo was being demanded, she was beaten up and her sister Seema Devi was also beaten up. However, her sister Seema Devi refused such an incident.

In these circumstances, the prosecution has failed established his case beyond reasonable doubt against the opposite party nos. 2 to 6. The finding of acquittal recorded by the trial court are based on proper appreciation of material evidence available on record and are justified.

Accordingly I do no find any merit in the appeal and is hereby dismissed.

Office is directed to communicate this order to the court concerned for necessary compliance.

Order Date :- 14.2.2023

Virendra