JUDGMENT Heard Km. Meena, learned A.G.A. for the State/appellant and perused the record. 2. The present government appeal has been preferred challenging the impugned judgement and order of acquittal dated 10.12.2015 passed by Additional Sessions Judge, Court No. 8, Azamgarh in Session Trial No. 460 of 2013 (State of U. P. Versus Sanjay Srivastava and another) arising out of Case Crime No. 195 of 2013, under Sections 498A, 304 B, 201 IPC & 3/4 D. P. Act, Police Station- Atrauliya. 3. Learned AGA Km. Meena submitted that there was allegation of demand of dowry. The unnatural death of deceased has taken place in the house of accused/respondent and without information to the police and family members of the deceased body of Vinita Srivastava was cremated. The offence was committed within 7 years of the marriage. According to the prosecution case she was married to accused/respondent Sanjay Srivastava on 4.3.2009 and she died on 19.7.2013. The information was given regarding snake bite. The police was not informed, however, there is presumption of dowry death, in view of provision of Section 113 B Indian Evidence Act. Hence, the impugned judgement is liable to be set aside. 4. Considered the ubmission. Adittedly the information was given to the informant that snake had biten to Vinita Srivastava W/o Sanjay Srivastava, D/o informant on 19.7.2013 and he visited the house of the respondents. Admittedly, before te death of deceased no complaint regarding demand of dowry or torture was made, though at least after death complaint must have been made to the police. After body was cremated, the FIR was lodged and registered under Section 4 98 A, 304 B, 201 IPC & 3/4 Dowry Prohibition Act. The trial Court has acquitted the accused in view of fact that there was no evidence regarding demand of dowry as the prosecution failed to prove the allegation of demand of dowry. Further, according to statement of accused under Section 3 13 Cr. P. C. there was a female child of age 7 years from the wedlock of Sanjay Srivastava and deceased Vinita Srivastava. No evidence was adduced from the side of the prosecution that there was no daughter. It was a love marriage and marriage was within 7 years. In view of the fact the prosecution story was found doubtful. P. C. there was a female child of age 7 years from the wedlock of Sanjay Srivastava and deceased Vinita Srivastava. No evidence was adduced from the side of the prosecution that there was no daughter. It was a love marriage and marriage was within 7 years. In view of the fact the prosecution story was found doubtful. The view taken by the trial court is one of the view possible in the present case, hence, it is not a fit case for interference. Accordingly, the application for leave to appeal is refused and the same is rejected. Government Appeal No. - 1614 of 2016 State of U.P. Vs Sanjay Srivastava & Another For the Petitioner : G.A. Arvind Kumar Tripathi,J. Mrs. Vijay Lakshmi,J. Heard Km. Meena, learned A.G.A. for the State appellant/applicant and perused the material on record. Since the application seeking leave to appeal has been rejected today, consequently the present government appeal is also dismissed. 6.4.2016