STATE OF RAJASTHAN Vs. NARAYAN RAM

JUDGEMENT

(1.) The instant Criminal Leave to Appeal is filed by the State of Rajasthan under Section 378(iii) and (i) Cr.P.C. against Judgment dated 6.8.2014 passed by Additional Sessions Judge No. 4, Bikaner in Sessions Case No. 33/2014 whereby the learned Trial Court has acquitted the accused-respondent for offence under Section 302 I.P.C.

(2.) Learned Public Prosecutor submits that the findings given by the learned Trial Court are erroneous because although most of the witnesses have turned hostile, the learned Trial Court did not consider the testimony of the Investigating Officer and acquitted the respondents with giving erroneous findings. Therefore, the judgment impugned deserves to be quashed.

(3.) As per facts of the case, the complainant Nenu Ram submitted a written, report (Ex. P-l) on 7.5.2014 at 9.40 A.M. at Police Station Bajju in which it is alleged that his daughter, Santosh married with Natayan Ram about 17 years back and yesterday on 6.5.2010, an information was received in between 10.00 p.m. to 11.00 P.M. that respondent gave beating to his daughter and forcibly gave pesticides to her and thus she died. It is also stated in the written statement that accused Narayan Ram took some pesticides and he became unconscious upon the said written report, an F.I.R. bearing No. 101/2014 was registered under Section 302 I.P.C. at Police Station Bajju and thereafter investigation was commended.