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STATE OF U.P. versus PREM PAL

High Court of Judicature at Allahabad

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State Of U.P. v. Prem Pal - GOVERNMENT APPEAL No. 176 of 2003 [2005] RD-AH 6934 (5 December 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble M.C. Jain, J.

Hon'ble Vinod Prasad, J.

Dismissed.

For orders, see our order of the date passed on the leave application.

Dt:5.12.2005.

P.G.A-176-03

Hon'ble M.C. Jain, J.

Hon'ble Vinod Prasad, J.

We have heard Sudhir Kumar Agarwal, learned A.G.A. and have perused the impugned judgement of acquittal.  

Smt. Sunita died of strangulation in between the night of 30/31.8.2001 in her Sasural. The accused respondent is her husband. The F.I.R. was lodged by the deceased's brother Hari Singh alleging that her sister had been killed in her Sasural. The sad feature of the case, however, is that all the material witnesses including Hari Singh informant PW 1 turned hostile and did not support the prosecution case. The defence was that the deceased committed suicide. It is noted from the post mortem report that the deceased did not sustain any other injury excepting ligature mark on her neck. On consideration of the totality of the facts and circumstances, the suicide cannot be ruled out. The judgment rendered by the trial court acquitting the accused respondent does not call for any interference.

Leave to file appeal is declined.

Dt:5.12.2005.

P.G.A-176-03


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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