State of U.P. vs Guddi Devi w/o Late Ganga Prasad

Court No. - 48

Case :- GOVERNMENT APPEAL No. - 51 of 2024

Appellant :- State of U.P. Respondent :- Guddi Devi W/O Late Ganga Prasad Counsel for Appellant :- A. K. Sand

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Hon'ble Siddharth,J. Hon'ble Brij Raj Singh,J.

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(Order on Leave to Appeal Application No.Nil of 2024)

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Heard Sri Sushil Kumar Pandey, learned A.G.A. for the Stateappellant.

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Learned A.G.A. for the State-appellant submits that the respondent is wife of the deceased. There is allegation against her of causing murder of her husband. There is statement of daughter of the deceased and respondent justifying the prosecution case. Even otherwise, burden of proof according to Section 106 of Evidence Act was on the respondent because the deceased died in his own house, where the respondent was present.

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After considering the arguments of learned A.G.A. for the Stateappellant, this court is of the view that leave should be granted for hearing of the appeal on merit.

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Leave to appeal application is allowed.

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(Order on Appeal)

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Admit.

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Issue bailable warrant against respondent through C.J.M., Jalaun. He is directed to furnish personal bond of Rs. 20,000/- and two sureties to the like amount to the C.J.M., Jalaun with the undertaking that she shall appear before this court as and when directed.

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As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the concerned court to be kept on record.

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Lower court record has been received.

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Office is directed to get paper books prepared within six weeks.

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List thereafter.

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(Brij Raj Singh, J.) (Siddharth, J. )

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Order Date :- 8.8.2024 Atul

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Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

State of U.P. v. Guddi Devi w/o Late Ganga Prasad

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State of U.P. v. Guddi Devi w/o Late Ganga Prasad

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