STATE OF RAJASTHAN Vs. JAGDISH SONI

JUDGEMENT

(1.) In this Cr. leave to appeal filed under Section 378(iii) and (i) Cr.P.C. the State of Rajasthan is seeking leave to appeal against the judgment dated 27.6.2014 passed by the learned Addl. Sessions Judge, Banswara in Sessions Case NO.9/2011 whereby the respondent Jagdish Soni was acquitted from the charge levelled against him under Section 302 IPC.

(2.) As per brief facts of the case upon verbal statement (Ex.P/3) made by deceased Kesar on 9.12.2010 at 9.00 am to the Sub-Inspector Rajesh Panchal PW - 13 the FIR no. 317/2010 (Ex.P/2) was registered at Police Station Kushalgarh, District Banswara under Section 307 IPC. In the statement it was alleged by the deceased Keshar Kanwar that she had gone for cooking food at the house of Jagdish Soni where he started abusing her in darken conditions and upon denied to prepare food he poured kerosene upon her and lit fire. As per statement of Keshar Kanwar she went in burnt condition to her house and narrated incident to her sister Radha and daughters on 5.12.2010. The FIR (Ex.P/2) was registered upon the statement of deceased but she died on 11.12.2010, therefore offence under Section 302 IPC was added.

(3.) During investigation the investigating officer obtained post mortem report (Ex.P/16) and after arrest the respondent, after completion investigation filed charge-sheet against the respondent Jagdish Soni in the court of learned Chief Judicial Magistrate, Kushalgarh, District Banswara.