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Head Note

Indian Penal Code,1860  - Section 498-A , Section 304-B

Cruelty upon woman by her husband or relative of husband, dowry death - Appellant made a written complaint against the accused-respondents regarding the death of his daughter - High Court vide its judgment and order upheld the trial Court's decision of acquittal of all the accused persons - Hence, the appeal - High Court in a very mechanical way stated that after a perusal of the evidence on record it found no reason to interfere with the decision of the trial Court as the prosecution failed to establish the charges levelled against the accused beyond reasonable doubt and it has dismissed the appeal by passing a cryptic order - High Court failed to exercise its appellate jurisdiction properly in the appeal filed by the appellant against the judgment and order of acquittal passed by the trial Court - Impugned order set aside and matter remanded to the High Court for decision afresh in accordance with law - Appeal allowed.

The Code of Criminal Procedure, 1973  - Section 372

Appellant, being the father of the deceased has locus standi to prefer an appeal before the High Court under proviso to section 372 as he falls within the definition of victim as defined under section 2(wa) of Cr. P. C to question the correctness of the judgment and order of acquittal passed by the trial Court in favour of the respondent Nos. 2 to 6, but only after obtaining the leave of the High Court as required under sub-section (3) to section 378 of Cr. P. C.

Topic(s)-Cruelty ,  dowry death - Passing a cryptic order - Matter remanded to the HC