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2019 Supreme(SC) 1541

RANJAN GOGOI, SANJIV KHANNA
Veer Singh Verma – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates Appeared:
Shakil Ahmed Syed, Adv., Mohd Parvez Dabas, Adv., Syed Ahmed Daanish, Adv., Uzmu Jamil Husain, Adv., Milan Laskar, Adv., Rajan Kumar Chourasia, Adv., Sanjay Kumar Tyagi, Adv.

ORDER

1. We have heard the learned counsels for the parties.

2. Leave granted.

3. The accused appellant - Veer Singh Verma is aggrieved by the refusal of the courts below to discharge him of the offences punishable under Sections 498A and 304-B IPC read with Section 3/4 of the Dowry Prohibition Act, 1961.

4. The basis on which discharge was sought is that in the separate trial against the accused appellant's wife Munni Devi, the learned trial Court had recorded categorical findings that Munni Devi along with the present appellant, on the date of the occurrence, were in Assam. This was on the basis of the evidence of D.Ws. 10, 11, 12 and 16.

5. We have read and considered the findings of the learned trial Court in the judgment by which the wife of the accused appellant (i.e. Munni Devi) has been acquitted. In the said judgment, categorical findings have been recorded that Munni Devi along with her husband Veer Singh Verma i.e. present appellant were in Assam on the date of the occurrence.

6. Acquittal of Munni Devi has attained finality. If that is so, we do not see why the High Court has taken the view that the said fact i.e. that the accused appellant was in Assam on the date of o

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