GADADHAR PANDA Vs. STATE & ANR

JUDGEMENT

(1.) The appellant has instituted the present appeal under section 372 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C") read with section 482 Cr.P.C. against the impugned judgment dated 30.07.2012 passed in Sessions Case No. 50/2012, arising out of FIR No.473/2007 (hereinafter referred to as the "subject FIR"), registered at Police Station -Kalkaji; whereby the Trial Court has acquitted the appellant Dev Prasad Giri (hereinafter referred to as "the respondent no. 2") of a charge framed against him under section 498A/304B/34 Indian Penal Code, 1860.

(2.) Before going into the merits of the present appeal, it is relevant to recapitulate the brief facts of the present case which are as follows:

(3.) Vide impugned judgment dated 30.07.2012, passed by Sh. Lal Singh, Ld. ASJ-02/FTC, New Delhi District, Patiala House Courts, appellant Dev Prasad Giri was acquitted for the offence punishable under section 498A/304B IPC and file was ordered to be consigned to Record Room with direction to reopen the same as and when co-accused persons namely Sneh Lata Giri and Siba Prasad Giri, who had been declared proclaimed offenders, are arrested or surrender before the court.