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january 2009

Supreme Court of India · 2009-01-07

Deen Dayal & Ors vs State Of U.P

Citation / case number
AIR 2009 SUPREME COURT 1238
Court
Supreme Court of India
Petitioner
Deen Dayal & Ors
Respondent
State Of U.P
Author
Aftab Alam
Bench
Aftab Alam, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court addressed an appeal under Section 379 of the Code of Criminal Procedure, 1973 concerning the conviction of three appellants under Sections 498-A and 304-B of the IPC for the dowry death of Asha Devi. The Court emphasized that the High Court erred in substituting its view for that of the trial court, which had acquitted the appellants, as the prosecution failed to prove essential ingredients of dowry death. The Court ultimately upheld the trial court's acquittal, reinforcing the principle that an appeal against acquittal should not interfere unless the trial court's view is wholly untenable.

Deen Dayal & Ors vs State Of U.P · Niyam