(1.) The instant application has been filed under Section 378 (4) of Code of Criminal Procedure ('Cr.P.C.' for short), seeking leave to file appeal against the judgement of acquittal alongwith an application under Section 5 of the Limitation Act, for condonation of delay of 40 days.
(2.) The facts of the case, when put into narrow compass, are that applicant Raj Kumari submitted a written complaint to the Senior Superintendent of Police, Amritsar, alleging that the accused namely; Rakesh Kumar (husband), Shanti Rani (mother-in-law) and Ashok Kumar (brother-in-law), have caused the death of her daughter namely; Anju Bala. In order to avoid repetition, the facts noted by the learned trial court, in para 2 of the impugned judgement, read as under :-
(3.) A prima facie case was found to be made out for the offences punishable under Sections 304-B/498-A of the Indian Penal Code ('IPC' for short).