STATE Vs. RAJENDER PAL SINGH ALIAS KAKA

JUDGEMENT

(1.) THE petitioner seeks leave to appeal against the judgment and order of the learned Additional Sessions Judge dated 18th March, 2010 in which she acquitted the respondent/accused of the charges for committing the offences punishable under Sections 498A/304-B/34 IPC. THE prosecution's case in brief was that within seven years of the marriage of the deceased Pinky with one of the accused Rajinder Singh, the latter had continuously harassed the victim Pinky in connection with dowry demands and according to the prosecution story, the deceased got married on 25 th December, 2005. She was found dead on 7th March, 2009 in unnatural circumstances, i.e, hanging from the ceiling fan.

(2.) IT is not disputed that the deceased and the accused had a 2 years old child out of the said wedlock. The prosecution totally based its case upon the statements recorded by the persons who deposed as PW-6 and PW-9, during the trial. These statements, it was alleged were recorded immediately after the incident i.e, 7th March, 2009.

(3.) THIS Court recalls that the principles which permit the State to appeal against acquittal require the Court to be satisfied that the Trial Court's reasoning, prima facie, discloses substantial or compelling grounds for the High Court to exercise its appellate jurisdiction. In the present case, none of the circumstances constituting the offences alleged in the case i.e, cruelty of such kind that would lead the deceased to commit suicide on account of dowry, have been proved. The Court is, therefore, of the opinion that the Trial Court's reasoning is justified and sound.