STATE OF U P Vs. BHIM SINGH

JUDGEMENT

(1.) HEARD learned AGA and perused the trial Court judgment and record.

(2.) THIS application for leave to appeal has been preferred against the judgment and order of the Additional Sessions Judge/Special Judge (E.C.Act), Gorakhpur dated 27.9.2011 acquitting the accused respondents in S.T. No. 241 of 2003, under Sections 304B, 201, 302 I.P.C. and 4 Dowry Prohibition Act.

(3.) ADMITTEDLY, the father of the deceased reached at the house of the accused respondents on the day subsequent to the death. The defence witness DW1 Kodai Singh has been examined. He stated that the deceased was ailing from cholera because of which she suddenly died. PW2 Shyambodh Singh denied that there was any demand of dowry from the deceased or that she was tortured or that because of the same he had learnt that the deceased had been done to death by giving poison. He was declared hostile.The same testimony was also given by PW3-Ram Karan Sigh, who was also declared hostile PW4 Surya Narayan, father of the deceased, stated that the deceased Geeta was born at her matrimonial uncle's house and that he also deposed on the basis of hearsay.