U/S 378 Cr.P.C. No. 158 of 2017. Case: State of U.P. Vs Sarla Tiwari & Ors.. High Court of Allahabad (India)

Case NumberU/S 378 Cr.P.C. No. 158 of 2017
JudgesShabihul Hasnain and Satya Narain Agnihotri, JJ.
IssueCriminal Procedure Code - Section 378(3); Indian Penal Code - Sections 498A, 304B
Judgement DateMay 11, 2017
CourtHigh Court of Allahabad (India)


Heard Sri Chandra Shekhar Pandey, learned Additional Government Advocate.

This application for leave to appeal has been filed under Section 378(3) Cr.P.C. against the judgment of acquittal dated 7.1.2017, passed by the Special Judge, C.B.I, Court No.5, Lucknow, in Sessions Trial Nos.105 of 2009 and 341 of 2009, Crime No.462 of 2008, whereby the accused respondents were charged and tried for the offences punishable under Sections 498A, 304B I.P.C. and Section 3/4 Dowry Prohibition Act, P.S.Talkatora, District Lucknow.

Learned court below has awarded acquittal on the ground that the investigation has been conducted in faulty and casual manner which does not prove the prosecution case beyond reasonable doubt.

Learned Addl.Government Advocate has argued that the acquittal is also based on the ground that the deceased had taken phenyl/insecticide by mistake instead of Dashmularisht (drug). He has forcefully argued that it is impossible for any person to consume by mistake sufficient amount of phenyl so as to cause death and failure of all the organs. Even the small spoon of phenyl would bring reaction in the body of any normal person.

Learned counsel for appellant-State has referred to a latest judgment of Hon'ble Supreme Court in the matter of Rajinder Singh v. State of Punjab, (2015) 6 SCC 477. In para-20 of the said case their Lordships of the Supreme Court have observed as under:

20. Given that the statute with which we are dealing must be given a fair, pragmatic, and common sense interpretation so as to fulfil the object sought...

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