STATE OF RAJASTHAN Vs. KAILASH ALIAS RAJA

JUDGEMENT

(1.) This is Criminal Leave to Appeal under Section 378(iii) & (i) of the Cr.P.C. against the order and judgment dated 10.7.2009 passed by the Additional Sessions Judge, Nathdwara, District Rajsamand. The facts, in short, are that on 14.12.2006, complainant Suresh Joshi submitted the report that his sister Daya who was married to Kailash Paliwal 11 years ago, has committed suicide. It was stated by him that she has committed suicide on account of cruelty and torture by the respondent-husband, father-in-law, mother-in-law and other family members who were pressurizing her to give divorce. It was further stated that they had forcibly left her in the house of her parents. As a result of the said cruelty, his sister had committed suicide.

(2.) A case was registered and on the basis of the investigation, challan was filed against the respondent-husband for the offences under Sections 498A and 306 of the IPC. However, the trial Court, after examining the said evidence, acquitted the respondent of the charges levelled against him vide judgment and order dated 10.7.2009. Being dis-satisfied, the present leave to appeal has been filed.

(3.) While praying for grant of leave to appeal, only argument raised by the learned counsel for the appellant is that the cruelty stands proved and in spite of the same, the respondent-husband has been acquitted. Learned counsel for the respondent, however, pointed out that there is absolutely no evidence to convict the respondent and accordingly, there is no ground to interfere in the well-reasoned order passed by the trial Court.