SURENDRA YADAV Vs. STATE OF U P

JUDGEMENT

(1.) AMAR Saran, J. Heard learned Counsel for the applicant and the learned A. G. A. appearing for the State.

(2.) THIS application under Section 482 Cr. P. C. has been filed for quashing the charge-sheet against the applicant in criminal case No. 364-A of 2000, State v. Surender Yadav under Sections 498-A and 304-B IPC pending in the Court of A. C. J. M. Vth, Gorakhpur.

(3.) THE charge sheet in this case was initially submitted only against Surendra Yadav, husband of the deceased Smt. Ramdani and his mother Smt. Saudha Devi. THE husband and the mother-in-law were tried separately and those two accused persons were acquitted by the judgment of the IXth Additional Sessions Judge, Gorakhpur dated 6-4-1999 as all the witnesses, which included Basant, PW 3, the informant and father of the deceased, PW 5, Smt. Moti @ Motia, the mother of the deceased had turned hostile and had not supported the prosecution case. THEse witnesses have stated that Ramdani was married to Surendra 10 years back. No demand for dowry was made, nor was the deceased harassed for dowry. As no appeal or revision has been filed against that judgment of acquittal, by the State or the informant that judgment has become final.