STATE OF U P Vs. DEEPAK PODDAR

JUDGEMENT

(1.) -The State of U. P. after the grant to leave has filed this Government appeal against the judgment and order dated 5.6.1999, passed by Sri Vinod Kumar, learned Additional Sessions Judge, Agra in Sessions Trial No. 52 of 1994 under Sections 498A and 304B, I.P.C. Police Station Acchnera, district Agra whereby he acquitted the accused-respondents-Deepak Poddar, Smt. Padma Poddar and Dinesh Poddar.

(2.) ACCORDING to the first information report, Kanika was the sister of Asim Sarkar resident of 52/81A, Barakhamba, Police Station, Shahganj, district Agra. She was married to Deepak Poddar resident of Kasba Kerawali, Police Station Acchnera, district Agra. It is alleged that she was harassed and beaten for scooter and fridge in dowry by her in-laws just after the solemnization of marriage, that on 24.9.1991, the accused Deepak Poddar and Smt. Padma Poddar burnt her to death. Asim Sarkar, the brother of the deceased, lodged the first information report (Ext. Ka-4) registered as Case Crime No. 247 of 1991, under Sections 498A and 304B, I.P.C. against the accused concerned.

(3.) TO prove its case, the prosecution examined as many as five witnesses. Asim Sarkar (P.W. 1) and Uttam Sarkar (P.W. 2) are the witnesses of fact and Bani Singh (P.W. 3), Surendra Pratap Rai, the Investigating Officer (P.W. 4) and Bharat Lal (P.W. 5) are the formal ones. Since the genuineness of the post-mortem examination report was admitted by the learned counsel for the accused-respondents, so the doctor was not examined.