DILIP KUMAR TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ashok Kumar Srivastava, learned counsel for the appellant, Sri Anurag Singh Chauhan, learned A.G.A for the State and perused the material available on record.

(2.) The instant criminal appeal under Sec. 374 (2) Cr.P.C has been filed by the appellant against the judgement and order dtd. 3/3/3004 passed by learned Sessions Judge (FTC ' IV), Pratapgarh, in Sessions Trial No. 162/96, Case Crime No. 77/94, under Ss. 498-A, 304-B I.P.C, Police Station Nawabganj, District Pratapgarh State of U.P. Versus Shyam Bihari and others, for convicting the appellant and awarding the sentence under Sec. 306 I.P.C for seven years Rigorous Imprisonment and 10,000/- fine and further to undergo for two years rigorous imprisonment and Rs.2000.00 fine under Sec. 498-A I.P.C. The sentences were to run concurrently.

(3.) The applicant has taken ground that the impugned judgment and order of the Court below is unjust, illegal and improper and also perverse. The prosecution has failed to prove its case beyond reasonable doubt, there is no independent witness in support of the prosecution case. The finding of the learned trial court does not find support with the oral and medical evidence on the record. The trial was proceeded against the three accused persons under Sec. 498-A and 304-B and the learned Trial Court has found that no case was made out against the appellant under Sec. 304-B I.P.C. On the same evidence the learned Trial Court has acquitted the accused ' Shyam Bihari Tiwari (father-in-law), Smt. Ambo alias Chandra Kali (mother-in-law). No case is made out under Ss. 498-A, 306 I.P.C against the appellant. The trial court has committed manifest error of law while integrating the provisions of law.