STATE OF RAJASTHAN Vs. KESA

JUDGEMENT

(1.) This appeal has been filed by the State of Rajasthan against the judgment and order of acquittal dated 23/12/1993 passed by the learned Sessions Judge, Jalore in Sessions Case No. 11/91, by which he acquitted all the accused-respondents of the charges for the offence under Sections 304-B, 498-A and 306, IPC.

(2.) The facts giving rise to this appeal, in short, are as follows :- On 15-7-1989 at about 8.45 a.m., one Bhikha Ram lodged a report Ex. P/6 before the Police Station, Ahore, District Jalore stating inter alia that on 14-7-1989 in the noon Smt. Shanti wife of Tara Ram (hereinafter referred to as the deceased) went from her house to make nature's call, but she did not return back to her house up to 3.00 p.m. and, thereafter, she was being searched here and there, but she was not found. Thereafter, his father and uncle Kanaji also went to her parents' place Bhuti, but they also told them that she did not come to their house. It was further stated in the report that thereafter, a well, which was situated near the border of village Rohla, was seen and they found a dabla outside the well and inside the well, the dead body of the deceased was found floating. Thus, she had committed suicide by jumping into the well and on this point there was no dispute and her age was nearabout 25 years and she was married four years back and he could not say for what reasons she committed suicide. On this report, police registered the murg FIR No. 19/89 under Section 174, Cr. P.C. and started investigation. PW-6 Vimal Kumar Jain, S.D.O., Jalore also made enquiry in respect of the suspicious death of the deceased and after recording various statements, he submitted report Ex.P/3 to S.P., Jalore and he came to the conclusion that deceased committed suicide, but he found the case against the accused-respondents for the offence under Sections 306 and 498-A, IPC. On the report Ex. P/3, which was submitted by PW-6 Vimal Kumar Jain, SDO to S.P., Jalore, police registered the case on 26-4-1990 against the accused-respondents for the offence under Sections 306 and 489-A, IPC. During the proceedings of murg FIR, post-mortem of the dead body of the deceased was got conducted and the post-mortem report is Ex.P/14, which was admitted by the learned Counsel for the accused-respondents during trial and according to that post-mortem report, the cause of death of the deceased was asphyxia due to drowning. After usual investigation, police submitted challan for the offence under Sections 306, 498-A and 304-B, IPC against the accused-respondents in the Court of Magistrate, from where the case was committed to the Court of Session. On 14-8-1991, the learned Sessions Judge, Jalore framed charges for the offence under Sections 304-B, 498-A and 306, IPC against the accused-respondents. The charges were read over and explained to the accused-respondents. They denied the charges and claimed trial. During the course of trial, the prosecution in support of its case examined eight witnesses and got exhibited some documents. Thereafter, statements of the accused-respondents under Section 313, Cr. P.C. were recorded. In defence, two witnesses were produced by the accused-respondents. After conclusion of trial, the learned Sessions Judge, Jalore, through his judgment and order of acquittal dated 23-12-1993 acquitted all the accused respondents of all charges framed against them holding inter alia :-

(3.) That prosecution has failed to prove that deceased had been subjected to cruelty or harassment by the accused respondents.