STATE OF U P Vs. SURESH GIRI

JUDGEMENT

(1.) HEARD learned AGA for the State and perused the Trial Court judgment and record.

(2.) THIS application for leave to appeal has been preferred against the judgment and order dated 1.9.2011, passed by the Additional Sessions Judge, Court No.1, Bulandshahar, by which the accused- respondents have been acquitted in S.T. No. 1202 of 2007 arising out of case crime No. 159 of 2007, under sections 304-B, 302/34, 498-A, I.P.C. and section 3/4 Dowry Prohibition Act, Police Station-Jahangirabad, District-Bulandshahar.

(3.) THE Trial Court disbelieved the dying declaration of Smt. Neetu on the ground that it was totally inconsistent with the medical evidence as her husband Sonu was also found dead as he suffered injuries on his head, which was the cause of his death and not as a result of poisoning. Hence the Trial Court found the dying declaration of Smt. Neetu to be suspicious, hence he disbelieved the same and acquitted the accused-respondents.