R. C. Deepak, J. - (1.) -The State of U. P. after the grant to leave to appeal, has preferred this Government appeal against the judgment and order dated 6th March, 2002, passed by Sri Kishore Ram, Special Judge (E.C. Act)/Addl. Sessions Judge, Gorakhpur in Sessions Trial No. 496 of 1996 whereby he acquitted the accused respondents Onkar Dubey, Ram Sabal Dubey, Ved Prakash Dubey and Smt. Shita Devi under Sections 498A, 304B and 201, I.P.C. pertaining to Police Station Sikriganj, district Gorakhpur.
(2.) THE brief facts emerging from the record are that Smt. Ansuiya was the sister of Vivekanand Ojha/ informant. Her marriage was performed with Onkar Dubey son of Ram Sabal Dubey resident of village Bankata, Police Station Sikriganj, District Gorakhpur in June, 1999. THE dowry and gifts were given in marriage ceremony according to the status of the father of the victim. THE gauna ceremony was performed after two years of the marriage. It is alleged that just after the gauna ceremony the accused concerned started to make demand of motorcycle and television in dowry and for this the victim was harassed, humiliated and tortured. It is further alleged that her murder was committed on 21.4.1996 and her dead body was removed without tendering any information to her parents. With these allegations, the informant submitted an application at the said police station and a case as Crime Case No. 149 of 1996 under Sections 498A, 304B and 201, I.P.C. was registered on 23.4.1996 at 11.30 p.m. (Ext. Ka-4) against the accused. The investigation into the case was entrusted to Sri Rajesh Kumar, Circle Officer (P.W. 5) who visited the place of occurrence, prepared the site plan (Ext. Ka-2), took down the statements of the witnesses and after completion of the investigation, submitted the charge-sheet (Ext. Ka-3). The case was committed to the Court of Sessions. The charges under the relevant sections were framed against them. The accused pleaded not guilty and claimed to be tried.
(3.) TO establish its case, the prosecution examined as many as six witnesses. Vivekanand Ojha (P.W. 1), Ram Girjesh Ojha (P.W. 2), Ravindra Nath Dubey (P.W. 3) and Lalji Ojha (P.W. 4) are the witnesses of fact whereas the remaining two are formal one. The accused examined Ram Milan Misra (D.W. 1), Smt. Indrasani Dubey (D.W. 2) and Vindhyavasani Prasad Dubey (D.W. 3) in their defence. The trial court acquitted the accused against which the present Government appeal has been filed already referred-to-above.;