- (1.) THIS is a revision against the judgment and order dated 21 7 1990 passed by Sri Akoluddin Khan, the then IInd Addl. Sessions Judge, Ballia, in S. T. No. 35 of 1990, State v. Amer Nath and Another, whereby he acquitted the accused opposite parties Nos. 2 and 3 Amar Nath and Smt. Lalita Devi of the offences under S.304 B / 34, 498 A / 34 and 201/34, I.P.C. and under S.4 of the Dowry Prohibition Act.
(2.) SRI S.D.N. Singh has appeared as counsel for the revisionist, Sri K. S. Kushwaha has appeared for the accused opposite parties Nos. 2 and 3 Amar Nath and Smt. Lalita Devi and the learned Addl. Govt. Advocate has appeared for the State. The learned counsel for the revisionist has argued that in this case gross miscarriage of justice has taken place on account of the omission of the prosecutor (A.P.P.) to examine the material witnesses and to prove the material documentary evidence and equally gross failure on the part of the trial Judge to summon and examine those witnesses at the trial. He has further argued that it was a case of dowry death and even of murder pure and simple, as the deceased has been strangulated to death by her husband Amar Nath and her mother in law Smt. Lalita Devi accused opposite parties Nos. 2 and 3.
(3.) THE learned Addl. Government Advocate has supported the submissions of the learned counsel for the revisionist.;