STATE Vs. SANJAY

JUDGEMENT

(1.) The State by this Criminal Leave Petition No. 4/2011, under Section 378(1) of the Code of Criminal Procedure, seeks leave to appeal against the judgment and order of the learned Additional Sessions Judge (hereafter called "Trial Court") dated 18.03.2010 in SC No.39/2008 thereby acquitting the Respondents under Sections 302/498-A/120-B/304-B/34 IPC.

(2.) The brief facts of the case, as alleged by the Prosecution are that, one Ms. Sonia was married to Praveen Kumar on 11.05.2005 after marriage the respondents (in-laws of the deceased) in furtherance of their common intention had subjected her to cruelty and harassed her for not bringing sufficient dowry. It is the case of the prosecution that on 15.04.2007, all the respondents in furtherance of their common intention had murdered Ms. Sonia by pouring kerosene oil on her after which they had set her on fire, at about 12:00 noon at her matrimonial house, which resulted in her death on 21/04/2007.

(3.) The matter was reported to police officials by the Constable on duty in the hospital after Ms. Sonia was admitted in a burnt condition whereupon investigation commenced, during which the sub-divisional magistrate had also recorded the statement of Ms. Sonia on 16.04.2007 and the case was registered against the accused persons. The Trial Court acquitted the accused of the charges leveled against them under Sections 302/498A/120B/304B/34 IPC concluding that the prosecution failed to bring home their guilt regarding the alleged harassment; and the causing of the death of the deceased.