STATE OF RAJASTHAN Vs. ASHOK NAWAL

JUDGEMENT

(1.) In this Cr. appeal filed by the State of Rajasthan the judgment dated 2.1.1993 passed by the learned Addl. Sessions Judge No.3, Jodhpur in Sessions Case No.57/1991 is under challenge, whereby the learned trial court acquitted the respondent from the charges levelled against him under Sec. 302, 304-B and 498A IPC.

(2.) As per the brief facts of the case on 13.6.1989 at 4.35 am in the morning an information was given in writing by respondent Ashok Nawal to the SHO Police Station Pipad city that in the night at about 12.00 am when I and my wife were sleeping in the house, he awaked upon hearing cry of his wife and found that his wife gone in the kitchen for taking hot water for her child where she was burning. The respondent Ashok Nawal further stated that he poured water by bucket on her and called neighbours and during rescue, her hands also burned. Upon above information, the SHO, Police Station Pipad city registered a report under Sec. 174 Crimial P.C. Upon information the SDO, Jodhpur commenced an inquiry. In the inquiry, the SDO, Jodhpur find that the respondent Ashok Nawal was harassing his wife Smt. Laxmi for dowry and due to cruelty he killed her wife by litting fire. After receiving inquiry report from the SDO Jodhpur, the SHO, Police Station Pipad city registered an FIR No. 8 on 5.1.1990 against the respondent under Sections 302, 304B and 498A Penal Code for the incident took place in between the night of 12.6.1989 a .1989 and 13.6.1989.

(3.) After registration of the FIR, the respondent Ashok Nawal was arrested on 3.9.1990 vide Ex. p/25 and the documents of the inquiry conducted under Sec. 176 Crimial P.C. by the SDO Jodhpur were taken on record and investigating officer commenced further inquiry and on completion of investigation filed challan on the basis of inquiry conducted by the SDO, Jodhpur in the court of Munsif and Judicial Magistrate, First Class, Pipad city from where the case was committed for trial in the court of Sessions Judge, Jodhpur.