KUMBHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) STATE has preferred leave to appeal application, whereby, the STATE has sought to challenge the judgment dated 24.3.2009 passed by the Additional Sessions Judge (Fast Track) Balotra (Headquarters Banner) in Sessions Case No.71/ 08 (46/08), whereby, accused-respondents were acquitted from the charge for commission of offences under Sections 498 A, 304B/ alternatively 302, I.P.C. Another revision petition has been filed by the complainant against the same judgment. Hence, this common orders in both these cases.

(2.) IT is contended by the learned Public Prosecutor for the State as well as learned counsel for the complainant that the judgment impugned is totally erroneous and passed without application of mind. The prosecution proved its case beyond reasonable doubt for committing offences under Sections 498A and 304 Part- B, I.P.C. but the learned trial Court without appreciating the prosecution evidence acquitted the accused respondents from the charges levelled against them which is contrary to the basic principles of law. IT is argued that ample evidence was produced before the Court to prove the allegations of demand of dowry and, admittedly, deceased was married to accused Bhanwara Ram on 27.5.2007 and she died within seven years of marriage, therefore, upon this reason alone, presumption was to be drawn for convicting the accused-respondents for offences under Sections 304 Part- B and 498A, I.P.C. but the learned trial Court erroneously gave finding that there is 110 evidence on record to convict the accused-respondents for commission of the alleged offences.

(3.) CONSEQUENTLY, both, criminal leave to appeal application as well as revision petition are hereby dismissed. Appeal dismissed.