STATE Vs. SOHAN LAL

JUDGEMENT

(1.) This Criminal Appeal under Sec. 378 (iii) & (i) of the Code of Criminal Procedure has been preferred by the appellant- State laying a challenge to the judgment of acquittal dtd. 16/2/2001 passed by the learned District & Sessions Judge, Jodpur in Sessions Case No. 38/99 (State of Rajasthan Vs. Sohan Lal & Ors.), whereby the accused-respondents were acquitted of the charges against them under Ss. 498-A, 304-B and 302 of IPC.

(2.) The matter pertains to an incident which had occurred in the year 1999 and the present appeal has been pending since the year 2001.

(3.) Brief facts of the case, as placed before this Court by Mr. Sameer Pareek, learned AGA appearing on behalf of the appellant-State, are that on 29/1/1999, at about 11.45 A.M, a report was lodged by one Harlal Vishnoi at concerned Police Station (Ex.P-8) wherein it was alleged that five years ago, his daughter Pista was married to the accused Sohan Lal, and after about two years of marriage, his daughter was harassed and physically abused by her husband. It was also alleged in the report that after being subjected to continuous harassment, four months ago, his daughter Pista came to his house and on the night of the incident, at about 9.00 P.M., her husband came there. Next day when the mother of the deceased and sister-in-law (Bhabhi) went to her room in the morning, she was lying dead while accused Sohan Lal had disappeared from the site.