STATE OF RAJASTHAN Vs. ALI SHER

JUDGEMENT

(1.) BY order dated 5.5.2015, this Court granted the application preferred by the State of Rajasthan to have leave to appeal the judgment dated 12.8.2014 passed by Special Judge, SC/ST (Prevention of Atrocities) Cases, Merta. By the judgment aforesaid the trial court acquitted accused respondent Ali Sher from the charge relating to commission of an offence punishable under Section 302 Indian Penal Code.

(2.) IN brief, facts of the case are that on 12.3.2013 at 05:45 PM an oral statement made by Smt. Ramjana wife of Ali Sher, aged 23 years, was reduced in writing by Shri Bhanwarlal, Assistant Sub Inspector, Police Station Gotan in presence of treating doctor Shri Deepak Choudhary at Community Health Centre, Gotan. The statement made by Smt. Ramjana reads as under : -

(3.) LEARNED trial court by referring the evidence available on record arrived at the conclusion that the prosecution failed to produce any evidence that may be sufficient to held the accused guilty for the charge and acquitted him accordingly.