JUDGMENT :

1. Heard Shri Rajesh Kumar Srivastava, learned counsel for the applicant/ appellant, Ms. Sonal Pandey, learned counsel for private respondent no.2 in application under Section 378 No. 262 of 2017 and for respondent no.2 and 5 in Application under Section 378 No. 261 of 2017 as well as learned AGA for the State and perused the record.

2. At the outset learned counsel for the applicant/ appellant submits that respondent no.3-Awadhesh Chandra Gupta and respondent no.4-Smt. Dhaneshwari Gupta had died during the pendency of the instant application/ appeal and the proceedings against them be abated.

3. Ms. Sonal Pandey, learned counsel appearing for respondents no. 2 to 5 in A, 378 No. 261 of 2017 does not dispute this fact, therefore the proceedings of application under Section 378 No. 261 of 2017 is abated so far as the respondent no.3-Awadesh Chandra Gupta and respondent no.4-Smt. Dhaneshwari Gupta are concerned.

4. Both above placed applications moved under Section 378(4) Cr.P.C. are connected with the same complaint case, whereby the accused persons / respondent nos.2 to 6 of Criminal Appeal No.262 of 2017 have been acquitted of all the charges and accused '' Santosh Kumar Gupta' has been acquitted of charge framed under Section 120B I.P.C. and convicted for offence under Section 406 I.P.C. and therefore for the sake of convenience both these applications are being disposed of by this common order.

5. Application under Section 378 No. 261 of 2017 as well as 262/2017 have been preferred by the complainant Smt. Kalpana Gupta requesting to grant special leave to appeal against the judgment and order dated 27.4.2017 passed by the Special Chief Judicial Magistrate, Lucknow in Complaint Case No. 9/2016, Smt. Kalpana Gupta Vs. Santosh Kumar Gupta and six others whereby only accused Santosh Kumar Gupta was convicted for committing offence under Section 406 IPC and sentenced accordingly and acquitted for charge under Section 120B I.P.C. and other accused persons, namely, Pradeep Kumar Gupta @ Tinkoo, Smt. Raj Km., Awadhesh Chandra Gupta, Smt. Dhaneshwari @ Vandana and Smt. Saroj were acquitted from the charges framed under Section 406/120B I.P.C.

6. Accused Shri Ram Gupta had died during the course of trial and proceedings against him were abated by the trial court, while as stated earlier accused Awadhesh Chandra Gupta and Smt. Dhaneshwari Gupta had died during the pendency of the instant proceedings and proceedings of this case have been abated against them.

7. Brief facts necessary for disposal of the instant proceedings, as are emerging from the record, are that the complainant Smt. Kalpana Gupta had filed a complaint before the Judicial Magistrate, Lucknow stating therein that the marriage of the complainant was solemnized with accused-Santosh Kumar Gupta on 29.11.1989 in accordance with the Hindu Rituals and at the time of her marriage her relatives and other persons had given gifts for her use and a list of the same has been enclosed with the complaint.

8. It is further stated that all the gifts which were given to the complainant were entrusted in the custody of accused persons by the family members of the complainant and the accused persons had promised that they will handover the gifts to the complainant, however, after few days of the marriage, the behaviour of the accused persons had changed towards the complainant and accused no.1 (husband) started pressurizing the complainant to give all her salary to him and by pressurizing the complainant had withdrawn Rs.7,600/- from her Bank Account and had given the same to the accused no. 5 and 6 for the purpose of construction of their house at Khurram Nagar, Lucknow.

9. It is also stated in the complaint that in the year 1991 on the occasion of Dashehra Festival all accused persons demanded Rs.50,000/- from her and on refusal the complainant was not given food for many days and all her jewellary and clothes and other gifts given in the marriage were taken by the accused persons w