UMED SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been filed by the State against the judgment and order dtd. 17/2/1999, passed by learned District & Sessions Judge, Jodhpur in Sessions Case No. 129/1997, whereby the learned Trial Court acquitted the accused-respondents from the offences punishable under Ss. 498-A, 302 and 304-B IPC.

(2.) Brief facts necessary to be noted for deciding the controversy are that on 3/6/1997, accused-respondent No. 2 Dalpat Singh submitted a written report (Ex P/27) to SHO Boraj Singh (PW-16), PS Mathania to the effect that last evening at about 7.00 PM, Madan Kanwar, wife of accused respondent No. 1-Ummed Singh, had poured kerosene on her and lite the fire and consequent to which, Madan Kanwar died. The complainant and wife of Khim Singh opened the door of the room. It was further stated that the marriage of Madan Kanwar was solemnized with Ummed Singh about two and half years ago.

(3.) Upon receiving such written report, Police registered a marg report, which was sent for investigation to the concerned SDM. After thorough investigation, the concerned SDM submitted a written report before the concerned Police Station. On the basis which, Police registered FIR No. 77/1997 for offences under Ss. 498A, 302, 304B, 201 IPC against the accused respondents and started investigation. On completion of investigation, Police filed challan against the accused respondents. Thereafter, learned Trial Court framed, read over and explained the charges for the offence under Ss. 302, 498-A, 304-B IPC to the accused respondents. They denied the charge and sought trial.