STATE OF UTTAR PRADESH Vs. DAMODAR

JUDGEMENT

(1.) Heard on admission.

(2.) Challenge in this appeal is to the judgment and order dated 11.07.2019 passed by First Additional Sessions Judge, Kasganj in Sessions Trial No.16 of 2016 acquitting the respondents under Sections 489-A, 304-B alternatively Section 302 of IPC read with Section 3 / 4 of Dowry Prohibition Act.

(3.) In the present case, name of deceased is Anjali wife of Damodar accused-respondent no.1. Their marriage was solemnized on 12.05.2011 and she died in her matrimonial house on 14.09.2015 by hanging herself. Two written reports were lodged by one Kishan Dev, father of the deceased, first on 14.09.2015 and the second on 16.09.2015. However, in the first report, there is no allegation against the accused persons bringing home the offence under Section 304-B of IPC. After investigation, charge-sheet was filed against the respondents and while framing the charge, the trial judge has framed the charge against them under Sections 498-A , 304-B and alternatively 302 of IPC read with Section 3 / 4 of Dowry Prohibition Act.