Hon'ble Shashi Kant,J.
Heard learned A.G.A. for the State of U.P. and perused the lower court's record.
This application for granting the leave to appeal has been filed against the judgment and order dated 13.09.2013 passed by learned Additional Sessions Judge/Special Judge (E.C. Act) Jalaun at Orai in S.T. No. 86 of 2009 and connected with S.T. No. 131 of 2009, whereby the accused respondents have been acquitted for the offence punishable under sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act.
Having heard learned A.G.A. for the State of U.P. and perusing the lower court's record, it reveals that the marriage of the deceased was solemnized on 15.02.2006. The deceased had sustained burn injury on 13.11.2008, consequently, she succumbed to her injury on 24.12.2008.
According to the post mortem examination, the deceased had sustained 65% burn injuries. It is a case in which the demand of dowry was made, on account of non fulfillment of demand of dowry, she was subjected to cruelty and prior to the commission of the alleged offence, she was expelled from the house of her in-laws. After sustaining the injury, the deceased was taken to the District Hospital Orai from where she was referred to Gwalior and thereafter, she was admitted to a Hospital of Delhi, where she succumbed to her injury.
Her dying declaration was recorded by the Magistrate concerned on 24.12.2008 in which she made the allegation against her husband and Devar. Prior to that her statement was recorded by the I.O. in which the allegation was made that her Devar the accused respondent Sunil made an attempt to outrage her modesty, then she committed suicide by pouring kerosene and putting herself on fire. But according to the statement of the accused respondent recorded under section 313 Cr.P.C., the deceased died when she was cooking the food, no proper explanation has been given by the accused respondent to rebut the presumption of dowry death. The death of the deceased has been occurred within seven years of her marriage which is unnatural. The allegation of the demand dowry is there and to fulfill the demand dowry, the deceased was subjected to cruelty. Her dying declaration has also been recorded by the Magistrate.
In the circumstances, the findings of acquittal recorded by trial court requires reconsideration, therefore, leave to appeal is granted and application for leave to appeal is allowed.
Accordingly this application is allowed.
Order Date :- 19.2.2014/Monika Court No. - 42 On memo of appeal.
Case :- GOVERNMENT APPEAL No. - 5814 of 2013 Appellant :- State Of U.P.
Respondent :- Anil Kumar Alias Udaiveer Singh And 2 Others Counsel for Appellant :- G.A.
Hon'ble Ravindra Singh,J.
Hon'ble Shashi Kant,J.
Heard learned A.G.A. for the State of U.P. and perused the record.
Application for granting leave to appeal is allowed today.
Admit.
Issue bailable warrants against the accused respondents through C.J.M. Jalaun returnable within a period of six weeks from today. In case, the accused respondents appear before the Court of C.J.M. Jalaun and furnish bail bonds to the satisfaction of the court concerned, they shall be released on bail on undertaking that they shall appear before this court on 11.04.2014.
List on 11.04.2014.
Order Date :- 19.2.2014 Monika