GA/90/2022
2023 Latest Caselaw 1283 UK

Citation : 2023 Latest Caselaw 1283 UK
Judgement Date : 9 May, 2023

Uttarakhand High Court

GA/90/2022 on 9 May, 2023

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                         COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  SPLA No. 189 of 2022
                                  with
                                  GA No. 90 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

Mr. J.S. Virk, learned Deputy Advocate General for the State of Uttarakhand/ appellant.

2. There is no representation for the respondent, even in the revised call.

3. This is an application filed under Section 378 (3) of Criminal Procedure Code, 1973, seeking leave to appeal against the judgment and order dated 05.05.2022, passed by learned 6th Additional Sessions Judge, Dehradun in Session Trial No. 25 of 2016, "State Vs. Robin Joshi". By the said judgment, respondent was acquitted of the charge under Sections 498-A and 304-B of IPC and Section 3/4 of Dowry Prohibition Act.

4. Perusal of the impugned judgment reveals that it is a case of unnatural death of a woman within four months of her marriage with the respondent. It is alleged that the deceased was subjected to cruelty for demand of dowry, soon before her death.

5. Learned State counsel submits that there was ample evidence to prove that deceased was subjected to cruelty for dowry, however learned trial court completely overlooked the

material evidence on record.

6. Upon perusal of the judgment and hearing learned State counsel, we are of the considered opinion that this is a fit case for grant of leave to appeal.

7. Accordingly, application for leave to appeal (SPLA No. 189 of 2022) is allowed.

8. Admit the appeal.

9. Let the Lower Court Record be summoned.

10. Issue fresh notice to the respondent returnable within four week, acknowledgment due.

11. Steps be taken within a period of one week.

12. List on 11.09.2023.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 09.05.2023 PN