STATE OF U.P. Vs. NIRMALA DEVI

JUDGEMENT

(1.) The present government appeal under Sec. 378 (3) CrPC has been filed against the impugned judgement and order dtd. 24/3/2022 passed by the Additional Sessions Judge, Court No.7, Kanpur Nagar in S.T. No. 153 of 2018, arising out of Case Crime No.15 of 2018 under Ss. 498-A, 304-B IPC and Sec. 3/4 Dowry Prohibition Act, Police Station Panki, District Kanpur Nagar, whereby accused-respondents Smt. Nirmala Devi, Pooranmal and Gaurav Arya were acquitted.

(2.) We have heard Shri Jitendra Kumar Jaiswal, learned AGA appearing for the State - appellant at length.

(3.) The prosecution story, in nutshell, as narrated in the F.I.R. lodged by Sushil Baswal, is that the marriage of his sister Anita Khatik was solemnized with Gaurav Arya on 7/9/2014 but her in-laws started causing harassment and cruelty to her for demand of additional dowry and on 14/1/2018 after killing her the accused persons set her ablaze. F.I.R. was lodged for the offences under Ss. 498-A, 304-B IPC and 3/4 Dowry Prohibition Act and investigation started. After completing necessary formalities, the Investigating Officer submitted charge sheet against accused respondents. After submission of charge sheet, the case was committed to the Court of Sessions. Charges under Ss. 498-A, 304-B IPC and 3/4 Dowry Prohibition Act and alternate charge under Sec. 302 IPC against the accused persons were framed by the Court of Sessions to which they denied and insisted to be tried. Trial started and during trial, the prosecution produced as many as eight prosecution witnesses. In addition to this, the prosecution also produced a number of documents, which were duly exhibited and proved.