STATE OF RAJASTHAN Vs. RAMLAL

JUDGEMENT

(1.) The State has filed this Criminal Appeal under Sec. 378 (iii) & (i) of Cr.P.C. against the judgment dtd. 6/7/1998 passed by Shri Mahendra Maheshwari, R.H.J.S., Additional District and Sessions Judge, Parbatsar (Rajasthan) in Session Case No. 28/98 (old number 25/95) whereby the sole accused respondent was acquitted. The State has file the present Criminal Appeal on the following grounds:

(2.) The law in respect of interference by the Appellate Court in the judgment of acquittal passed by the trial Court is well settled. Hon'ble Supreme Court in a recent judgment passed in the case of "The State of Uttarakhand v. Sanjay Ram Tamta" (2025) 3 SCC 433 while considering the previous judgments held as under:

(3.) In the light of the law as laid down by the Hon'ble Supreme Court in the recent judgment of Sanjay Ram Tamta (supra) and other judgments passed from time to time, we shall now examine the record of the trial Court and the judgment of acquittal passed in the present case. As noted from the record of the trial Court, the grounds as raised by the learned Public Prosecutor, the relevant facts of the case are that deceased Smt. Chanda Soni gave her parcha bayan on 31/3/1995 to S.H.O., P.S. Maroth, District Nagaur in which she stated that her husband Ghanshyam Soni disturbs her (matrimonial dispute) and, therefore, at 1:00 PM in the noon she poured kerosene on self and by matchstick lit the fire. She further stated that suddenly neighbour Ramlal Swami came to her house who put water from the pot on her and tried to defuse the fire and while doing so Ramlal Swami also suffered burn injuries on his hands. As per the statement, she had dispute with her husband from last four years and, therefore, she put fire on self. In the last she stated that she has disputes with her husband Ghanshyam Soni and Ramlal Swami.