STATE OF RAJASTHAN Vs. NIMBA RAM & ANR.

JUDGEMENT

(1.) S.B. Criminal Leave to appeal No. 19/2010 and S.B. Cr. Revision Petition No. 637/2009 have been filed against the judgment and order dated 16.5.2009 whereby the respondents have been acquitted of the offences under Sec. 498-A and 304-B I.P.C.

(2.) The short facts of the case are that on 8.9.2008, complainant Magha Ram filed a written complaint before the Addl. Chief Judicial Magistrate, Pokaran alleging therein that her sister Vidhya was married to Nimba Ram and after six months of marriage, the respondent had started harassing her sister for bringing less dowry and she was turned out of the house. A panchayat of the community was convened and after the assurance of the respondent, her sister has again been sent back to her-in-laws house and on 22.8.2008, a telephonic message has been received that the deceased has drowned in the water tank. Her body has been cremated in absence of his father. The concerned S.H.O. had not started any proceeding against the respondent. Hence he presented the complaint before the Court which was sent for investigation under Sec. 156(3) and after investigation, challan has been filed against the respondent. Charges have been framed against the respondent for the offence under Sec. 498A and 304-B I.P.C. The prosecution has examined 11 witnesses. The statement of the accused has been recorded under Sec. 313, Crimial P.C. No defence witness has been produced and after conclusion of the trial, the learned trial Court had acquitted the respondent from the above offences. Hence these leave to appeal and the revision petition against order of acquittal of the respondents have been preferred.

(3.) Heard learned counsel for the parties.