STATE OF UP Vs. ARUN KUMAR SRIVASTAVA

JUDGEMENT

(1.) THIS appeal, preferred under Section 378(3) of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and order dated 21.12.1995, passed by First Addl. Sessions Judge, Dehradun, in Sessions trial No. 165 of 1992, whereby said court has acquitted accused / respondents, namely Arun Kumar Srivastava, Kameshwar Dayal Srivastava, Ajai Kumar Srivastava, Arvind Kumar Srivastava and Smt. Vimla Srivastava of the charge of offences punishable under Section 498-A, 120(1)B and 304-B of the Indian Penal Code, 1860 (hereinafter referred as I.P.C.), and one punishable under Section 3/4 of the Dowry Prohibition Act, 1961.

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) LEARNED counsel for the State / appellant argued that death of the deceased had taken place within 1 months of the marriage, as such, the trial court has committed error of law in acquitting the accused from the charge of offences punishable under Section 498-A, 120(1)B, 304-B of I.P.C., and one punishable under Section 3/4 of the Dowry Prohibition Act. No doubt, it is an unfortunate case in which the bride has died within 1 month of her marriage, but merely for that reason it cannot be said that the accused / respondents are guilty of dowry death or that they demanded dowry.