- (1.) THIS application granting leave to appeal has been filed by the State of U.P. against the judgment and order dated 20.11.2003 passed by learned Additional Sessions Judge/F.T.C. No. 2 Aligarh in S.T. No. 818/02 whereby the accused Respondents Rajveer Singh, Smt. Kushma, Harpyari have been acquitted under Sections 498A, 304B, 201 I.P.C. and 3/4 D.P. Act.
(2.) FROM a perusal of the record it appears that in the present case the deceased was married with Mahipal who was also charge sheeted along with accused Respondents of this appeal, he faced the trial in the court of learned Additional Sessions Judge/F.T.C. 2, Aligarh vide S.T. No. 653/01 but he has also been acquitted on 15.6.2002 for the offences punishable under Sections 498A, 304B, 201 I.P.C. and 3/4 D.P. Act. Thereafter the accused Respondents of present appeal have faced trial vide S.T. No. 818/2002 in which they have also been acquitted on 20.11.2003 by the same Judge but the Government Appeal has been filed only against the subsequent judgment and order dated 20.11.2003. No Government Appeal has been filed against the judgment and order dated 15.6.2002 as reported by A.D.M. (City) Aligarh vide letter dated 23.10.2010 addressed to Shri Pradeep Pandey, learned Additional Government Advocate of this Court. The co -accused Mahipal was the husband of the deceased, he was main accused. of the case in which accused Respondents have been acquitted. It is surprising that the Government Appeal was neither proposed nor filed against the judgment and order of acquittal dated 15.6.2002 passed by the trial court in favour of co -accused Mahipal whereas the order dated 20.11.2003 has been challenged which has been passed in favour of other in -laws of the deceased. The allegations are with regard to a dowry death, the allegations against all the accused are of similar in nature, being the husband the co -accused Mahipal was more responsible for the death of his wife. In such circumstances it has become very difficult for us to pass any order on merit of the case whereas the judgment in favour of the co -accused Mahipal has become final such situation has been created by the authorities concerned who come in the process of proposing the Government Appeal and to finalise the same. Therefore, we direct that the District Magistrate Aligarh, D.G.C. (Criminal), Aligarh, L.R. of the U.P. Government and Government Advocate of this Court shall appear in person before this Court on 24.1.2011 to explain as to why the judgment and order of the acquittal dated 15.6.2002 passed learned Additional Sessions Judge/F.T.C.2. in S.T. No. 653/01 has not been challenged by way of filing of the Government Appeal.
(3.) LIST on 24.1.2011;