State of U.P. v. Rajiv @ Bablu and Others

Court No. - 77 Case :- GOVERNMENT APPEAL No. - 8187 of 2007 Appellant :- State Of U.P. Respondent :- Rajiv @ Bablu And Others Counsel for Appellant :- Govt. Advocate

Hon'ble Aniruddha Singh,J.

1- Heard Sri H.P. Gupta, learned A.G.A. for the State and perused the record.

2- This Government appeal has been preferred (under Section 378 Cr.P.C.) against the judgment and order dated 17.2.2007 passed by the learned Additional Sessions Judge, Court No.2, Kanpur Dehat in S.T. No. 178 of 2004, arising out of Case Crime No. 111 of 2003, under Section 306 I.P.C., Police Station Sikandara, District Kanpur Dehat whereby opposite party nos.1 to 3, namely, Rajiv @ Bablu, Smt. Kunta Devi and Someshwar Dixit were acquitted under Section 306 I.P.C.

3- Learned A.G.A. submitted that the impugned judgment was passed wrongly and is against the evidence on record and law. There is sufficient evidence to convict the opposite parties no. 1 to 3 but they were acquitted.

4- From perusal of the record, it transpires that after investigation, charge-sheet was submitted against Rajiv @ Bablu and Smt. Kunta Devi and Someshwar Dixit and they were summoned under Section 319 Cr.P.C. vide order dated 11.2.2005.

5- After hearing the learned counsel appearing for opposite parties and District Government Counsel (Criminal), the impugned judgment and order was passed. Hence this Government appeal.

6- In nutshell, Bebi, sister of the complainant, was married with Rajiv @ Bablu in the year 1992 and the allegations against the opposite parties are that for demand of dowry on 8.6.2003 they killed the deceased by strangulation but cause of death was found hanging by the Doctor.