SANJEEV KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Atharva Dixit, learned counsel for the applicants and Shri Pankaj Kumar Tripathi, learned A.GA. for the State. Perused the material available on record.

(2.) By this application, the applicants have challenged the order dtd. 21/11/2022 passed in Session Trial No. 392 of 2009 (Stae Vs. Sanjeef Kumar and others) arising out of Case Crime No. 142 of 2009 under Sec. 498A, 304 B I.P.C. and Sec. 3/4 of the D.P. Act, with an alternative charge under Sec. 302 IPC Police Station- Lanka, District- Varanasi and grant an opportunity to the applicants to lead their defence evidence.

(3.) In brief facts of the case are that the aforesaid trial is going on in the Court of Additional District Judge/ FTC Court No. 14th Finance Commission, Varanasi, on the allegations that the daughter of the first informant had solemnized her marriage with the applicant no. 1 on 18/4/2006. The applicants demanded dowry and administered poison to her due to which she was hospitalised and ultimately died on 27/3/2009. After submission of charge-sheet, the charges were framed and the trial commenced. It is contended that seeing the deteriorating condition of applicant no.3 Kusum Devi, she was kept under medical observation and had been hospitalized for treatment on 10/11/2022 and since then she is in hospital and due to this reason the applicants were unable to lead defence evidence. The matter was lastly listed on 15/11/2022 for the defence evidence but due to ill health of the applicant's counsel an adjournment application before the Court below was moved.