STATE OF RAJASTHAN Vs. KAMAL KUMAR

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. 28/7/2007 passed by the learned Special Additional District & Sessions Judge (Women Atrocities and Dowry Cases), Sri Ganganagar, in Sessions Case No. 33/2005 (State of Rajasthan Vs. Kamal Kumar & Ors.), whereby the accused-respondents, namely, Kamal Kumar and Ratan Chand were acquitted of the charges against them under Ss. 498-A and 304-B IPC; accused-respondents, namely, Mangal Chand and Rajrani were acquitted of the charges against them under Ss. 498-A and 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 2008.

(3.) The brief facts of the case, as placed before this Court, are that PW-7, Raj Kumar, lodged a report on 15/8/2005 at around 5.45 PM, stating that his daughter, Kanchan Rani, was married to Kamal Kumar Soni approximately five years earlier, according to Hindu customs and rituals. He alleged that his daughter was being harassed by her husband Kamal Kumar, father-in-law Mangal Chand, mother-in-law Rajrani, and brother-in-law Ratan Chand for the demand of a Hero Honda motorcycle. Subsequently, for the purpose of purchasing a second-hand motorcycle, Rs.10,000.00 were given by the complainant to the accused persons' family. However, despite the payment, the harassment continued, and ultimately, on the night of 14/8/2005, after prolonged cruelty, the complainant's daughter was killed.