STATE OF RAJASTHAN Vs. RAM PRATAP AND OTHERS

JUDGEMENT

(1.) The instant Cr. appeal has been filed by the State of Rajasthan under Sec. 378(3) and (1) of the Crimial P.C. to challenge the judgment dated 31.1.1996 passed by the learned Addl. Sessions Judge No. 2, Sri Ganganagar in Sessions Case No. 45/1994 by which the learned trial court acquitted the respondents from the charges levelled against them under Sections 306, 498A and 406 Penal Code and in the alternative under Sec. 302 Penal Code while giving benefit of doubt.

(2.) As per the brief facts of the case, PW - 1 Brij Lal lodged oral report at Police Station Lalgarh Jatan on 17.11.1986 at about 12.30 pm, upon which FIR No. 99 (Ex.P/1) was registered. In the FIR filed by the complainant PW - 1 Brijlal it was alleged that marriage of his daughter Shimla was solemnized with accused Ram Narayan, 10-11 years ago and out of the wedlock of respondent Ram Narayan and his daughter, two daughters and one son was born and at the time of birth of son, some ornaments and cloths were given worth about Rs. 14 thousand, but in-laws of his daughter were not happy with the ornaments and cloths and they made demand of motorcycle, but it was not possible for him to give motorcycle. As per facts stated in the FIR on 12.111.1996 the marriage of the sister-in-law of his daughter Chandra Kanta was solemnized but they were not invited by the in-laws of his daughter deceased Shimla after marriage, complainant sent his son to brought Shimla for some time, but in-laws refused to send her.

(3.) As per allegation Shimla told his son that her mother-in-law and father-in-law take her ornaments and give to her sister-in-law Chandra Kanta whose marriage is solemnized on 12.11.1996 and they are very angry and they will kill her. In the FIR it is also stated that Shivlal and Surja Ram came to him today and asked that your daughter Shimla died in the night and upon receiving such information, the complainant along with Bhagwat Singh, Raghuveer Singh and Mool Singh went to the house of Ram Narayan where they saw that dead body of Shimal was lying on farsh and there were mark of abrasion and scratches on face and there was bleeding from the mouth of Shimla.