Allahabad High Court
State Of U.P. vs Vivek And Others on 16 January, 2017
Bench: Shashi Kant Gupta, Rekha Dikshit
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 45 Case :- GOVERNMENT APPEAL No. - 5453 of 2010 Appellant :- State Of U.P. Respondent :- Vivek And Others Counsel for Appellant :- G.A. Hon'ble Shashi Kant Gupta,J.
Hon'ble Mrs. Rekha Dikshit,J.
Heard learned A.G.A. for the State appellant/applicant and perused the material on record.
This application has been filed by the State appellant/applicant with the prayer that leave to appeal may be granted against the judgement and order dated 28.4.2010, passed by Additional Sessions Judge, Court No. 5, District Ghaziabad, in S.T. No.867 of 2008 ( State Vs. Vikas and others), under Sections 304-B, 498-A IPC and 3/4 D.P. Act, P.S. Vijay Nagar, District Ghaziabad, whereby the accused-respondents have been acquitted for the offence punishable under the sections referred to above.
A perusal of the record shows that the husband of the deceased has been convicted under sections 304-B, 498-A IPC. However, the accused-respondents have been acquitted. The respondents Nos. 1,2 and 3 are the brother-in-law, father-in-law and mother-in-law respectively of the deceased. The court below has categorically recorded the finding that there is no cogent evidence to show the complicity of the accused-respondents in the commission of the crime. From the perusal of the record, we do not find any factual or legal error in the assessment of evidence by the court below while acquitting the accused-respondents. Moreover, the view taken by the court below is a possible view. The court below has given cogent, convincing and satisfactory reasons while passing the order of acquittal.
It is made clear that this Court has not expressed any opinion with regard to the cuculpability of Co-accused Vikas, the husband of the deceased in the commission of the offence who has been convicted by the court below under section 304-B, 498-A IPC.
We, therefore, do not consider it to be a fit case for grant of leave to appeal to the appellant/applicant. The application seeking leave to appeal is, accordingly, rejected and, consequently the appeal is also dismissed.
Order Date :- 16.1.2017.
G.S