- (1.) This application has been filed under Section 378 (4) Cr.P.C., seeking leave to file an appeal against judgment dated 9.3.2011, acquitting respondent No.2 of the charges framed against her.
(2.) An FIR bearing No.132 dated 28.7.2008 was recorded against respondent No.2-Veena Devi along with Ratno, Som Raj and Mohan Lal. It was allegation against them that all the four had been mal-treating Jyoti daughter of the applicant for bringing less dowry and when their demand was not met, she was killed by poisoning on 28.7.2008, whereupon an FIR under Section 304-B IPC was registered against above named accused. Respondent No.2 is sister-in-law of the deceased and was a minor. Her case was separated and sent before the Juvenile Justice Board under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2000.
(3.) The prosecution, to prove its case, produced three witnesses and also brought on record documentary evidence. On conclusion of prosecution's evidence, statement of respondent No.2 was recorded under Section 313 Cr.P.C. Incriminating material existing on record was put to her, which she denied, pleaded innocence and false implication. However, she led no evidence in defence.;