Allahabad High Court
State Of U.P. vs Shailesh on 26 February, 2014
Author: Ravindra Singh
Bench: Ravindra Singh, Shashi Kant
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- GOVERNMENT APPEAL No. - 7773 of 2006 Appellant :- State Of U.P. Respondent :- Shailesh Counsel for Appellant :- Govt. Advocate Hon'ble Ravindra Singh,J.
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 08.08.2006 passed by learned Additional Sessions Judge/FTC No.4, Meerut in S.T. No. 1283/2002, whereby the accused respondents have been acquitted for the offence punishable under sections 304B/306 I.P.C. and 3/4 D.P. 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 27.04.1997. She died on 14.11.2000. Its F.I.R. has been lodged on 15.11.2008 at 9:15 a.m. by Moolraj Sharma P.W.1. The allegation of demand of dowry has been made. According to the post mortem examination report, the deceased had died on account of crushing by the train. The dead-body of the deceased was unnatural. The marriage of the deceased occurred within seven years of her marriage. In support of the prosecution version, P.W.1 and P.W.3 respectively who are father and brother of the deceased have supported the prosecution story. 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. According this application is allowed.
Order Date :- 26.2.2014 Monika Court No. - 42 On memo of appeal.
Case :- GOVERNMENT APPEAL No. - 7773 of 2006 Appellant :- State Of U.P. Respondent :- Shailesh Counsel for Appellant :- Govt. Advocate 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 nos. 1 and 2 through C.J.M. Meerut returnable within a period of six weeks from today. In case, the accused respondents appear before the Court of C.J.M. Meerut 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 22.04.2014. List on 22.04.2014.
Order Date :- 26.2.2014 Monika