AKHTAR HUSAIN KHAN, J. - (1.) PRESENT application has been moved on behalf of State of U.P. for leave to appeal under section 378(3) of Cr.P.C. against judgement and order dated 7.3.2007 passed by Additional Sessions Judge, Court No.9, Moradabad in Session Trial No. 1393 of 1999 (State Vs. Mehmood Ali) under sections 304 -B, 498 -A, 307, 323, 506 IPC and Dowry Prohibition Act, P.S. Mahila Thana, District Moradabad, whereby learned Additional Sessions Judge has acquitted accused Mehmood Ali from offences punishable under section 304 -B and 323 IPC.
(2.) I have heard learned A.G.A. and perused impugned judgement and order passed by learned Additional Sessions Judge, Moradabad.
(3.) IN brief relevant fact for determination of this application for leave to appeal is that Crime No. 01 of 1998 under Sections 498 -A, 323, 506, 307 IPC and 3/ 4 D.P. Act was registered in P.S. Mahila Thana, Moradabad on 5.1.1998 at 9.30 p.m. against accused appellant and four others on the basis of first information report Ext.Ka -1 presented by complainant Abdul Gani. According to First Information Report Ext.Ka -1 prosecution version is that the marriage of Seema Naz alias Guddi daughter of complainant was solemnized with accused Maqsood about two and half year before occurrence. Complainant had given dowry according to his status but father -in -law, mother -in -law, husband and Jethani of complainant's daughter were complaining for insufficient dowry and they were asking complainant's daughter Seema Naz alias Guddi to bring Motorcycle and Rs.10,000/ - from her father. Seema Naz daughter of complainant told the complainant about their demand of dowry and told him that if he does not fulfill their demand of dowry, they shall kill her. Thereafter, complainant himself went with his brother Mohd. Hasan to the house of husband of his daughter Seema Naz about three months before occurrence and tried to convince them, whereupon they asked to pay Rs.5,000/ -.Thereafter complainant made arrangement and paid Rs.5,000/ - before Mohd. Hasan and Jakir but again after one month they started harassment of his daughter Seema Naz alias Guddi. Her daughter's husband Maqsood, father -in -law Ahmad Ali and Jethani Shimmi started beating her and subjecting her to cruelty. Elder brother of husband of complainant's daughter accused appellant MehmoodAli, who was doing service in Railway also threatened daughter of complainant to kill and one day he assaulted her badly. All of them were not sending daughter of complainant to complainant's house inspite of request of complainant.;