Neutral Citation No. - 2023:AHC:184280-DB

Court No. - 42

Case :- GOVERNMENT APPEAL No. - 133 of 2023

Appellant :- State of U.P.

Respondent :- Sunil S/O Keval Singh Rana And Another

Counsel for Appellant :- Shiv Kumar Pal

Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Ms. Nand Prabha Shukla,J.

(Per: Ms. Nand Prabha Shukla,J.)

1. This Government Appeal along with an application under Section

378(3) of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') has been

filed by the State/appellant against the Judgement and Order dated

12.12.2022 passed by Additional Sessions Judge, Fast Track Court, Court No.

II, Bulandshahr in Sessions Trial No. 334 of 2016, (State vs. Sunil Kumar and

Another) arising out of Case Crime No. 286 of 2016 under Sections 498A,

304B IPC, and Section 3/4 of Dowry Prohibition Act, P.S. Sikandarabad,

District Bulandshahr, whereby Sunil and Smt. Anguri were acquitted from

the charges levelled against them.

2. Heard Sri A.N. Mulla, learned AGA for the State-appellant.

3. Shorn off, unnecessary details, the facts in brief for the disposal of

the appeal are that on 25.03.2016, the first informant, Tejpal gave a written Tehrir

at P.S. Sikandarabad, District Bulandshahr stating that he was a resident of Village

Bisari, P.S. Bahjoi, Tehsil Chandausi, District Sambhal. The marriage of his

daughter Jyoti was solemnised to one Sunil s/o Keval Rana about 5 years ago

according to Hindu rites and rituals. He gave sufficient dowry to the best of his

capacity, but the in-laws were unsatisfied. Jyoti was often subjected to cruelty and

maar-peet. Her husband Sunil, Dewar Chhotu @ Jagat, Nanad Babita and mother-

in-law Anguri Devi used to demand five bighas of land and two lakhs in cash as

additional demand of dowry. Her parents tried to console her, but still she

complained on telephone about the maar-peet. On 25.03.2016 at around 07:00 pm,

her sister was killed by her in-laws by throttling her neck and hanging her from the

hook of the roof. The information regarding her murder was given by her Dewar

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Chhotu @ Jagat. After receipt of this information, he along with his family

members and villagers reached the spot and saw the dead body of his daughter

hanging from a hook. The dead body was taken down. The in-laws were found

absconding from the spot.

4. On the basis of the aforesaid information, an FIR being Case

Crime No. 286 of 2016 under Sections 498A, 304 B IPC and Section 3/4

of Dowry Prohibition Act, PS Sikandarabad, District Bulandshahr was

registered against Sunil, Chhotu, Babita and Anguri Devi. The

Investigating Officer took over the investigation and at the instance of the

first informant, spot inspection was made and site plan was prepared. The

accused were arrested and on the basis of the incriminating material, a

charge sheet was submitted before the concerned Court on 15.05.2016,

under Sections 498A, 304 B IPC and Section 3/4 of Dowry Prohibition

Act only against Sunil and Anguri Devi.

5. As the offence was cognizable by the Sessions Court, therefore,

the case was committed to the Sessions Judge on 15.06.2016. The trial

proceeded in the Court of Additional District and Sessions Judge/Fast

Track Court, Court No. II Bulandshahr in accordance with law. Charges

were framed against accused respondents Sunil and Anguri Devi under

Sections 498A, 304 B IPC and Section 3/4 of Dowry Prohibition Act.

6. The accused Sunil and Anguri Devi denied the charges and

claimed to be tried.

7. In order to prove the charges levelled against the accused-

respondents, the prosecution examined seven witnesses in all, namely,

P.W. 1-Tejpal singh, first informant and father of the deceased, P.W. 2-

Mahesh, brother of the deceased, P.W. 3-Ratan Verma, Tehsildar, P.W. 4-

Dharmendra Kumar Yadav, Investigating Officer, P.W. 5-Nepal Singh,

Field Unit Incharge, P.W. 6-Dr. Ashish Prakash, who conducted autopsy

and P.W. 7-Bipin Kumar constable clerk.

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8. Thereafter, the statements of the acc