STATE OF U.P. Vs. MANOJ VISHKARMA

JUDGEMENT

(1.) We have heard learned AGA for the State-appellant and perused the trial court's judgment on record.

(2.) This application has been filed by the appellant/applicant with the prayer that leave to appeal may be granted against the judgement and order dated 5.2.2010, passed in Sessions Trial No. 264 of 2009, State v. Manoj Kumar Vishkarma and others, arising out of Case Crime No. 434 of 2007, under Sections 498A, 323,313, 504 Penal Code and Section 3/4 D.P.Act, P.S. Jhagha , District Gorakhpur by the Additional Sessions Judge, Court No. Court no. 11, Gorakhpur whereby the accused respondents have been acquitted of the offence punishable under the sections referred to above.

(3.) From perusal of the record, it transpires that on the basis of an application filed by the informant Smt. Meera Devi under Sec. 156(3) Cr.P.C. in the court of Judicial Magistrate Court no. 23, Gorakhpur, an F. I.R. was registered against the accused respondents no. 1, 2 and 3, who happen to be the husband, father in law and mother in law of the victim Smt. Meera Devi respectively. A perusal of the record reveals that the main allegation of harassment for dowry and forcing the victim to undergo abortion was made against the accused respondents.