JUDGMENT

Aftab Alam, J. —

1. This appeal under Section 379 of Code of Criminal Procedure, 1973 read with Section 2(A) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 is at the instance of three appellants. Amar Singh, appellant no.3, is the son of Deen Dayal, appellant no.1 and Smt. Sukhrani, appellant no.2. They were tried for killing Asha Devi, wife of appellant no.3 for non fulfilment of their demand for dowry and were charged under sections 498-A and 304-B, alternatively section 302 of the Penal Code. At the conclusion of the trial they were acquitted of the charges by the 4th Additional Session Judge, vide judgment and order dated April 30, 2001 in Sessions Trial no.740 of 1998. Against the judgment of acquittal passed by the trial court the State of U.P. preferred an appeal before the High Court that was registered as Govt. Appeal no.2998 of 2001. A Division Bench of the High Court found and held that in the face of prosecution evidence the conclusion arrived at by the trial court was wholly untenable. Accordingly, the High Court allowed the appeal, set aside the Judgment of acquittal passed by the trial court and by judgment and order dated Se