STATE OF RAJASTHAN Vs. SALMA @ PINNU

JUDGEMENT

(1.) THIS leave to appeal is preferred against the judgment dated 30.6.2012 passed by the Sessions Judge, Jodhpur Metropolitan whereby the learned trial court has acquitted the accused-respondent from the charges punishable for offence under Sections 302/120-B and 201/120-B I.P.C. The learned Public Prosecutor has argued that the learned trial court has grossly erred in disbelieving the statements of Jarina (PW 1) and Raisa (PW 5). Both the witnesses have categorically stated before the Court that the accused-respondent has confessed before them that she entered into conspiracy with co-accused Sheru alias Moda and Shikander alias Sikiya and killed her husband Mohd. Yusuf.

(2.) LEARNED Public Prosecutor has further stated that the learned trial court has also not appreciated the evidence of Mohd. Idris (PW 10), who specifically stated that the relations of accused respondent and the deceased Mohd. Yusuf were not cordial and from those statements, it is clear that the accused- respondent has all the reasons to eliminate Mohd. Yusuf and as such the motive is very well proved in the case.

(3.) LEARNED trial court has thoroughly examined the material available on record and has found that the charges for the offence punishable under Sections 302/120-B and 301/120-B I.P.C. are not proved against the accused-respondent beyond doubt and in the facts and circumstances of the case, we found that the learned trial court has not committed any illegality in the acquitting the accused-respondent for the offence under Section 302/120-B and 201/120-B I.P.C. The leave to appeal having no merit, the same is hereby dismissed.