STATE OF RAJASTAN Vs. SANT KUMAR

JUDGEMENT

(1.) BY THE COURT This is an application for leave to appeal against the judgment of learned Sessions Judge, Sri Ganganagar who acquitted the respondents of charges under Ss. 304 and 306 IPC along with S. 498 IPC and S. 4 of the Dowry prohibition Act, 1961. The case started on an F. I. R. Ex. P20 lodged at police station, Hindu malkote on 27. 2. 87 at 11. 30. A. M. submitted by one Shri Nanuram, P. W. 8, where in the allegation were levelled against the respondents, on the basis of which a case registered for various offences. It is pertinent to mention here that earlier to this report the mater had already been reported to the police station by Santram, informing about the burns having been sustained by the deceased Dropadi. After investigation the prosecution submitted a charge against both the respondents who were committed to the court of Session. The prosecution examined 14 witnesses in support of its case and the accused examined Dr. Dhameeja in their defence. Learned Sessions Judge acquitted the response. We have gone through the reasonings given by the learned Sessions Judge acquitting the Accused-respondent which could not be successfully assailed by the learned counsel for the State, learned counsel submits that on cogent reasons have given to discard the statement of Dr. Partap Singh Bhatia, PW. 4, and Dr. Indra Kumar Jain, PW. 7 and so also the statement of Nanuram. We read the statements of these witnesses. Apparently the arguments advanced by the learned counsel for the State appear to have some substance but it they are analysed and tested in light of the other evidence available on record, it cannot be said that the view taken by learned Sessions Judge is totally perverse. May be that, another view of the evidence could have been taken but that is not ground for interference in the order of acquittal. There is one important factor in the case and that is that there was no intervening factor to stop the accused- respondents from letting the deceased completely burn before raising an alarm. Their action of putting off fire and taking her immediately to the hospital and her statement given to the Doctors where she has stated that the fire was accidental is in consonance with other circumstances available on the record in as much as the site inspection memo shows even the bottle of kerosene was found duly filled in and still lying there and there were no signs of extensive burns in the room, which fact also corroborates the defence version. Besides this there is one more factor that in the earlier dying declaration, according to the investigation, she implicated only her mother-in-law and when the father and the brother of the deceased came it was thereafter that the son-in-law is also introduced as an accused in the case. Thus there are three dying declaration and each one gives different story. Another evidence produced to establish the prosecution story is that of the parents of the earlier wife of accused respondent Santram who had taken divorce on the ground that he assaulted her mother. In these circumstances their testimony also could not have been said to be not tainted. Considering the arguments and the grounds taken in the application for leave to appeal in the back-ground of law laid down by their Lordships of the Supreme Court in appeal against acquittal we are not inclined to interfere with the order of acquittal.

(2.) THE application for leave to appeal is rejected. .