State of U.P. vs Satya Prakash @ Nanhe @ Sat Kumar and Others

Heard learned Counsel for the State.

This application u/s 378(3) Code of Criminal Procedure has been preferred on behalf of the State for grant of leave to appeal against the judgment and order dated 23.02.2007 passed by learned Additional Sessions Judge, Court No. 9, Sitapur in Sessions Trial No. 118 of 2003 by means of which Respondents, namely, Raj Kumar and Smt. Usha Devi have been acquitted of the charges levelled against them under Sections 498A & 304 IPC read with Section 3/4 Dowry Prohibition Act.

We have gone through the judgment as well as record of the court below. It is argued that in spite of there being specific evidence against the Respondents, who happen to be Jeth and Jethani of the deceased, they have been acquitted of the charges levelled against them. Whereas one Satya Prakash, who happens to be husband of the deceased, has been convicted on the same set of evidence. It is further argued that when there is specific evidence for demand of dowry against all the accused, Respondents have wrongly been acquitted. Further submission is that even criminal revision of one Bhai Lal bearing No. 328 of 2007, which has been preferred against the aforesaid judgment of acquittal was admitted by this Court vide order dated 30.05.2007.

We find substance in the argument of learned Counsel for the State.

Accordingly, the application is allowed and leave to appeal is granted.