STATE OF RAJASTHAN Vs. PRATAP SINGH

JUDGEMENT

(1.) In this Cr. leave to appeal filed by the State of Rajasthan under Section 378(iii) and (i) of the Cr.P.C. the State of Rajasthan is challenging the validity of the judgment dated 1.5.2015 passed by the learned Addl. Sessions Judge, Salumber in Sessions Case No. 65/2012 by which the learned trial court acquitted the respondent Pratap Singh from the charges levelled against him under Section 498A, 304 B, 304 B and 302 IP d 302 IPC.

(2.) As per brief facts of the case, the complainant PW - 1 Onad Singh father of the deceased Bhuri Kanwar filed a written complaint (Ex.P/1) on 3.9.2011 in the court of ACJM, Salumber under Section 156(3) Cr.P.C. in which it was alleged the marriage of his daughter Bhuri Kanwar was solemnized on 15.2.2009 with respondent Pratap Singh and at the time of marriage, the gold and silver ornaments were given along with other domestic articles in the marriage, but after marriage her husband Partap Singh, father-in-law Man Singh and mother-in-law Sanju Bai started quarrelling with her and they were torturing Bhuri Kanwar for demand of dowry. In the FIR, it is stated that before one month from the date of incident Pratap Singh raised demand of Rs. 50,000/- to open diary and for that purpose, he sent out his daughter from the home, therefore, the daughter of the complainant Smt. Bhuri Kanwar came to the house of complainant, thereafter, before two days of festival Rakhi respondent Pratap Singh came and felt sorry that in future he will not make quarrel with Bhuri Kanwar nor he will give any beatings to her, therefore, as per complainant, he sent her daughter back to her in-laws house.

(3.) In the complaint it is further submitted that on 23.8.2011 he made a call to Bhuri Kanwar on Mobile no. 9784779438 and from opposite side Bhuri Kanwar was weeping and asked him that take her from my house because my husband and all other family members are continuously beating her, thereafter, the phone was disconnected. As per the allegation in the complaint on 23.8.2012 at about 12'O Clock in the morning Pratap Singh, Man Singh and Sanu Bai gave her poison forcibly and in the evening she was admitted to the Vinayak Hospital, Salumber from where after initial treatment she was referred to Udaipur on 24.8.2011 but in between the way she died. In the meantime, the relatives of complainant informed on telephone that your daughter has been killed by the in-laws and husband and she is in critical condition. On receiving such information, the complainant went to the Udaipur in Choudhary Hospital where the doctor declared that she is died. The allegation in the FIR is that marriage of his daughter was solemnized in the year 2009 and just after two years, she died in her in-laws house, therefore, it is an offence under Section 304B, 302 and 498A IP 498A IPC.