STATE OF RAJ. Vs. JAYANTI LAL AND ORS.

JUDGEMENT

(1.) The instant application has been filed by the State of Rajasthan under Section 378(iii) Cr.P.C. for grant of leave to appeal against the impugned judgment dated 11.9.2012 passed by the learned Sessions Judge, Banswara, whereby respondents have been acquitted of the charge framed against them under Sections 498-A and 304-B and in alternate 302 of the Indian Penal Code. Notices of application were issued to respondents and trial court record was called for.

(2.) The factual matrix of the case comes out from the trial court record and impugned judgment is that on 17.12.2011 at about 7:30 P.M. complainant Mogji S/o. Nanak Ram submitted a written report at Police Station Anandpuri to the effect that his daughter Manjula alongwith her two children died. It was further stated in the report that his daughter Manjula got married with accused Jayanti Lal on 25.3.2007 at the time of marriage sufficient dowry was given as per his capacity. Since last two years, husband, mother-in-law and father-in-law of Manjula were harassing and torturing her for bringing lesser dowry and were asking her to bring ornaments and cash from her parents. On 17.12.2011, he received an information that his daughter Manjula alongwith her children jumped into a well and died, therefore, he reached at Serawala and managed to drive out the dead bodies from well. It is further stated that his daughter died due to ill treatment and harassment given by her husband, mother-in-law and father-in-law.

(3.) On this, a case bearing No. 254/2011 for the offence under Section 498-A, 304-B of the IPC was registered at Police Station Anandpuri and after investigation, challan was filed against the accused respondents before the learned Judicial Magistrate, Bagidora, where-from the case was committed to the Sessions Court, Banswara for its trial.