State of U.P. vs Vinay Kumar and Others

Heard learned counsel for the State on this application u/s 378(3) Cr.P.C. for leave to appeal against the judgment of acquittal of respondents in Session Trial No.182 of 2009 whereby they have been acquitted after being charged under Sections 304-B, 498A, 302 I.P.C. read with Section 3/4 Dowry Prohibition Act, Police Station Kotwali Patti District Pratapgarh vide judgment dated 16.7.2011 passed by the Additional Sessions Judge, Court No.4, District Pratapgarh.

We have gone through the judgment of court below. As it comes out that the daughter of complainant Lalloo Ram was married to Vinay Kumar-respondent no.1 on 24/25.11.2007. The respondents due to lust of dowry had killed his daughter within seven years of her marriage on 20.9.2008 in their house. The medical examination report of victim Baby was conducted by the Doctor (P.W. 7) on 20.9.2008 and he found 11 injuries on the body of the deceased.

Arguments advanced by the learned counsel for the State is that the injuries itself go to indicate that victim Baby had died an unnatural death within seven years of her marriage. The prosecution was able to prove demand of dowry made by the respondents, but the court below acquitted the respondents on the basis of hypothesis that deceased-Baby had committed suicide. It is further submitted that it seems quite surprising and unnatural that the deceased would have caused to herself as many as 11 injuries before committing suicide.

We find force in the arguments of the learned counsel for the State.

Accordingly leave to appeal is granted.

Admit.

Summon the lower court record.

Let bailable warrant of arrest be issued against the accused-respondents through Chief Judicial Magistrate concerned, fixing 12.12.2011 for their attendance before this Court.

List on 12.12.2011.