STATE OF RAJASTHAN Vs. VINOD KUMAR

JUDGEMENT

(1.) The instant cr. leave to appeal has been filed under Sec. 378 (iii) and (i) of the Crimial P.C. by the State of Rajasthan against the judgment dated 26.7.2014 passed by the Addl. Sessions Judge (Women Atrocities Cases), Bikaner in Sessions Case NO.36/2013 by which the learned trial court acquitted the respondent from the charge levelled against him under Sec. 304 -B and in alternative under Sec. 498A and 302 IPC.

(2.) Brief facts of the case are that the complainant Kalu Ram PW1, cousin brother of deceased Gogal submitted a written report before SHO, Police Station, Mahajan at about 11.14 am on 5.8.2012 in which it is alleged that his sister Gogal got married with Vinod S/o Shanker before 8-9 years and after one year of her marriage the family members of her in-laws started cruelty and harassment for demand of dowry. His sister whenever came to the parents house said that Vinod, Shanker Lal, Shara Ramand Santra are torturing her and harassing for demand of dowry. It is also stated by the complainant that a telephone call came from Vinod and Shara Ram that your sister burnt and upon said information the complainant and his brother, uncle and other persons went in-laws house of his sister Gogal where the body of his sister Gogal was lying.

(3.) Upon aforesaid written report (Ex.P/1) the FIR (Ex.P/2) was registered at Police Station, Mahajan against the respondent and after investigation the investigating officer of Police Station, Mahajan filed chall under Sec. 498A and 302 Penal Code against the respondent in the court of Judicial Magistrate, First Class, Loonkaransar from where the case was committed to the Sessions Court, Bikaker, but later on transferred to the court of Addl. Sessions Judge (Women Atrocities Cases), Bikaner.