Allahabad High Court
State Of U.P. vs Shiv Kumar Ojha & 5 Ors. on 27 July, 2010
Bench: Abdul Mateen, Yogendra Kumar Sangal
Court No. - 25 Case :- U/S 378 CR.P.C. No. - 439 of 2007 Petitioner :- State Of U.P. Respondent :- Shiv Kumar Ojha & 5 Ors. Petitioner Counsel :- Govt. Advocate Hon'ble Abdul Mateen,J.
Hon'ble Yogendra Kumar Sangal,J.
(Order on the Application of leave to Appeal under Section 378 (3) Cr.P.C.) Heard Shri Virendra Mohan, A.G.A.
This appeal has been filed by the State against the judgement of acquittal of the respondents in Session Trial No. 306 of 1998, under Sections 498A and 304 B IPC, P.S. Fatanpur, district Pratapgarh.
Arguments advanced by learned AGA on behalf of the State with respect to the Application under Section 378(3) Cr.P.C. is that dying declaration of the deceased was recorded but the Magistrate before whom it was recorded was not produced and it is also to be seen as to whether the Doctor who has certified that the deceased was in a fit mental position to record the dying declaration was produced or not and also as to whether there is certificate of the Doctor to the said effect.
Summon the lower court record.
List thereafter.
Order Date :- 27.7.2010 Kaushal