Court No. - 45
Case :- CRIMINAL REVISION No. - 3334 of 2009 Revisionist :- Rishikesh Duvey Opposite Party :- State Of U.P. & Others Counsel for Revisionist :- O.P. Singh Counsel for Opposite Party :- Govt. Advocate
Hon'ble Siddharth,J.
List has been revised.
No one appears on behalf of the revisionist to press this revision.
Heard learned AGA for the State.
This revision is directed against the order dated 07.07.2009 passed by the Additional District Judge (First F.T.C), Kushinagar in Session Trial No.381 of 2007, State Vs. Pramod and others, awarding lesser punishment to opposite party nos.2 to 5. The relief in the revision is that the conviction and sentence awarded to the opposite party nos.2 to 5 may be enhanced under Section 304 I.P.C and they may also be punished under Section 304 I.P.C wherein they have been acquitted.
From a perusal of the judgement of the court below shows that the case of murder for non fulfilment of demand of dowry is not found to be proved by the court below on the basis of the evidence led before it and therefore, opposite party no.2 to 5 have not been punished under Section 304 I.P.C and they have been punished under Section 498A, 306, 201 I.P.C and Section 4 D.P. Act. The order of the court below does not appears to suffer from any illegality and mis-excercise of jurisdiction.
The revision, accordingly, fails and is hereby dismissed.
Order Date :- 23.8.2018 SS