STATE OF U.P. Vs. JALEEL AHMAD

JUDGEMENT

(1.) Heard learned A.G.A. for the State and perused the record as well as the judgment of the trial court.

(2.) By moving this application under Section 378 (3) of the Cr.P.C., the State has prayed to grant leave to appeal against the judgment and order dated 01.07.2019 passed by Additional District and Sessions Judge/F.T.C. Court No.2, Gonda in Sessions Trial No. 194 of 2015, "State Vs. Jaleel and 2 Others" and Sessions Trial No. 231 of 2015, "State Vs. Aslam" arising out of Case Crime No.119 of 2015, under Sections 498A, 304B, 201 I.P.C. and 3/4 Dowry Prohibition Act, whereby the respondent nos.1 to 4 have been acquitted of the charges under section 498A, 304B, 201 and 302 I.P.C. and Section 3/4 Dowry Prohibition Act.

(3.) The prosecution story as is evident from the record of the subordinate court is that a written application was submitted by the informant- Nazeer Ahmad, S/o Abdul Hafiz, R/o Chhitauni Bhuliyapur, P.S.- Kotwali Colonelganj, District- Gonda to the Superintendent of Police, District- Gonda stating therein that his daughter, namely, Firdaus had solemnized love marriage with respondent no.4- Aslam and was living with him as his wife. It was further stated that a baby boy was also born from their wedlock, who at the time of incident was of aged about only four months. Aslam used to live at Mumbai in connection with earning his livelihood, while Firdaus was living in the village with respondent nos.1, 2, 3 and 4, who are parents and brothers of respondent no.4- Aslam, respectively. It was further stated that the respondents and one neighbour- Molhe used to treat his daughter with cruelty and ultimately on non-fulfillment of demand of dowry, they killed his daughter Firdaus and threw her body on the railway track.