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Judgment
Honourable Mr. Justice Jayant Patel
The present application is for leave to prefer appeal against the judgment and order passed by the learned Sessions Judge in Session Case No. 70/08 where by the accused is not convicted for the offence u/s 302 and 498A but is convicted for offence u/s 304-II of the IPC. The present appeal is limited to the acquittal from the charge of sections 302 and 498A of IPC. We have heard the learned APP for the State and Mr. Bhaghel for the accused. We have considered the judgment and the reasons recorded by the learned Sessions Judge. We have also considered the Record & Proceedings.
It appears that the incident was out of sudden provocation between husband and wife coupled with the circumstance that the husband was though in drunken position as per the prosecution case, the provocation was given by the wife. Further, prior to the incident from 7.30 pm to 10.00 pm, the husband and wife both were together. In spite of that no incident had happened.
Under the circumstances, we find that if the learned Sessions Judge has taken the view that the prosecution has not been able to prove the case beyond reasonable doubt for the offence u/s 302 and prosecution has been able to prove the case for the offence u/s 304-II and also not for section 498A of the IPC, such view cannot be said to be erroneous, which may call for interference in exercise of the appellate power against the order of acquittal to that extent.
Hence, leave does not deserve to be granted. Therefore, not granted. Application disposed of accordingly.