STATE Vs. VINOD KUMAR & ANR.

JUDGEMENT

(1.) By the judgment dated 09.10.1998, the learned Additional Sessions Judge, New Delhi acquitted the two respondents after trial for commission of offences, under Section 498A / 304B of the Indian Penal Code, 1860 in Sessions Case no.58/1996 which arose out of FIR no.41/1996 registered by the Police Station Vasant Kunj. Against this order, the State has filed the present appeal under Section 378 of the Cr. PC contending that the judgment of the trial court is not based on the evidence on record and that the Sessions Court had failed to appreciate that the respondents had harassed the deceased for dowry shortly before her death and that ingredients of both the offences, under Section 498A as well Section 304 B of the IPC, had been established beyond any reasonable doubt justifying the conviction of the respondents for commission of the said offence.

(2.) The leave to appeal under Section 378 of the Cr.P.C. was granted to the State after service of notice to the respondents. In as much as, there was no appearance on behalf of the respondents, we have appointed Ms. Inderjeet Sidhu, Amicus Curiae in the matter to appear on behalf of the respondents and assist us. She has had the benefit of the paper book as well as record of the case and has assisted this court by making submissions on behalf of the respondents opposing the appeal.

(3.) We have heard Ms. Aashaa Tiwari, learned APP for the State.