STATE OF RAJASTHAN Vs. BHERU SINGH

JUDGEMENT

(1.) In the instant criminal appeal, the appellant-State has challenged the judgment of acquittal dtd. 24/11/2012 passed by the learned Additional Sessions Judge, Women Atrocities Cases, Bhilwara (Rs.Trial Court') in Sessions Case No. 65/2005 (State of Rajasthan Vs. Bheru Singh), whereby the accused-respondent herein was acquitted of the charges against him under Ss. 498A and 302/306 IPC.

(2.) The matter pertains to an incident which had occurred in the year 2005 and the present appeal has been pending since the year 2013.

(3.) Brief facts of this case, as placed before this Court by the learned Public Prosecutor appearing on behalf the appellant-State, are that on 12/5/2005, one Devi Singh (complainant) submitted a written report (Ex.P.4) before the Aarakshi Kendra (Reserve Centre), Mandalgarh, District Bhilwara alleging therein that one Hemkanwar, wife of the accused-respondent was often being subjected to abuse at the hands of the accused-respondent in drunken state, who was also complainant's paternal aunt's son (cousin). It was further alleged that on 11/5/2005 at around 5.00 p.m., the accused-respondent, with an intention to kill Hemkanwar, set her on fire after pouring kerosene on her as a result of which, she got burnt. Thereupon, she was taken to Bhilwara Hospital by Mahendra Singh, Hans Kanwar and Chandra Kanwar. The said incident, as alleged, was informed to the complainant by Hemkanwar herself. The marriage of the accused-respondent with Hemkanwar was solemnized 14-15 years prior to the incident in question and two children were born out of the said wedlock.