Ramesh Sinha, J. - (1.) HEARD learned A.G.A. for the State and perused the trial court judgment and record.
(2.) THIS present Government appeal has been filed against the judgment and order dated 13.7.2004 passed by learned Addl. Sessions Judge, Fast Track court No. 4, Gorakhpur in S.T. No. 70/2002 in Case Crime No. 64 of 1999 by which the accused/opposite party has been acquitted for the offence under Section 306, I.P.C. The prosecution case in brief is that on 9.5.1999 at about 6.30 p.m., the informant Chandra Seth submitted an application at police station Hapur Budha, District Gorakhpur stating therein that his daughter Smt. Sunita Devi was married to accused -opposite party No. 1 Baijnath. On 8.5.1999 at about 6.00 p.m., father of the accused Baijnath came to his village and informed him that his daughter is seriously ill. After receiving the said information, the informant reached at the house of Lal Chand, opposite party No. 4 where he was informed that his daughter committed suicide by hanging and was not allowed to see her. Thereafter, he returned to his house and came back with 7 or 8 persons then he was allowed to see his daughter who was lying dead. On account of stormy night he could not give the Information to the police station. The F.I.R. of the incident was lodged under Sections 304B and 498A. I.P.C. and 3/4, D.P. Act. After investigation, the police submitted charge -sheet against the accused -opposite parties under Section 306, I.P.C.
(3.) THE charges were framed against the accused -opposite parties under Section 306, I.P.C. by the trial court. The accused -opposite parties denied the charges and claimed to be tried.;