STATE OF RAJASTHAN Vs. LOKESH KUMAR

JUDGEMENT

(1.) ORDINARILY , while granting leave to file an appeal against the order of acquittal and admitting the appeal, this Court is not required to pass a speaking order but learned Public Prosecutor Mr. Vyas vehemently submitted that this is a Gross case in which the learned Trial Judge committed a grave error in acquitting the accused for the offence punishable u/S. 304 -B and 498A I.P.C., therefore, non -bailable warrant be also issued.

(2.) THE respondent no. 1 accused Lokesh Kumar is husband of deceased Kiran. They got married on 18.5.94 and within a period of less than five months, his wife deceased Kiran committed suicide on 7.10.94 because of the constant demand of dowry from her by her husband Lokesh Kumar and mother -in -law Bhanwari Devi.

(3.) IT appears that the learned Trial Judge has also completely ignored the fact that the presumption as to dowry death has to be raised against the accused u/S. 113B of the Indian Evidence Act. Sec. 113B of the Indian Evidence Act reads as under: - Presumption as to dowry death;