2010 (3) TMI 1230

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..... l for the complainant and having perused the impugned decision as also having perused the certified copies of the testimonies of the various witnesses, we find no case being made out to grant leave to appeal. 2. The husband and the parents-in-law of deceased Sarika were charged of the offence punishable under Section 498A/304-B IPC. 3. Acquitting the accused the learned trial Judge has held that .....

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..... rst time, the parents of Sarika made allegation of dowry being demanded at the time of marriage. One dowry article demanded as per the parents of Sarika was a motor-cycle by the husband of Sarika. Learned trial Judge has noted that Sarika's husband already possessed a motor-cycle, and thus formed an opinion that said allegation was exaggeration. 4. The learned trial judge has referred to the defe .....

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..... with victim Sarika to subject her to any cruelty or harassment. The accused persons have also produced defence evidence to show that at the marriage of daughter of accused Jai Narain he withdrew the amount of ₹ 4,50,000/- from his Provident Fund Account. The defence of the accused persons also show that accused Raj Kumar had a motorcycle which rules out the probability of demand of motorcycl .....

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..... ersons and defence of the accused persons also rules out this possibility. Savitri Devi's case (supra), Sangeeta Kalra's case (supra), Neera Singh's case (supra), Raman Kumar's case (supra) and Sohel Mehaboob Shaikh's case (supra) are distinguishable on facts." 5. An independent witness PW-8 the landlord of accused Rajkumar, Sarika's husband, where Sarika and her husband resided had deposed again .....

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..... hat was required. Lastly, if it is found that the conclusion drawn is so illogical that no person would draw the same, the Appellate Court can re-look into the matter. 8. Finding none of the aforesaid being attracted, we hold that no case is made out to grant leave to appeal against the impugned decision, which we note is a well considered decision. 9. This leave petition is dismissed.
Case .....

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