STATE OF RAJ. Vs. KALU RAM AND ANOTHER

JUDGEMENT

(1.) In this criminal leave to appeal filed by the State of Rajasthan under Section 378 (iii) & (i) of Cr.P.C., the State of Rajasthan has prayed to grant leave against the judgment dated 07.05.2015 passed by Special Judge, SC & ST (Prevention of Atrocities) Cases, Merta in Sessions Case No. 54/2010 (174/14) whereby the learned trial Court acquitted the respondents from the charge leavelled against them for offences under Sections 365 and 302 I.P.C. and Section 3 (1) (xi) and 3 (2) of SC/ST (Prevention of Atrocities) Act.

(2.) Learned Public Prosecutor submits that although no specific allegation was levelled by the deceased in her statement against the respondents but all other witnesses specifically stated in their statement that before death, deceased Suman informed them that respondent Kalu Ram and Aslam poured kerosene upon her both and let fire and thereafter thrown her in the pond (Talab) but the learned trial Court only relying upon the dying declaration acquitted the respondents from the charges levelled against them, therefore, the finding arrived at by the trial Court upon the evidence on record requires reconsideration because it is a case in which young lady died after pouring kerosene upon her and letting fire, therefore, leave to appeal may kindly be granted.

(3.) In spite of service of notice, none appears on behalf of the respondent No. 2. Mr. R.S. Charanl learned counsel is appearing on behalf of the respondent No. 1 and submits that there is no error in the finding given by the trial Court for acquitting the accused respondents from the charges levelled against them because deceased herself did not disclose the name of the respondents before the Magistrate, therefore, all the allegations levelled by the family members against the respondents has already been considered by the trial Court so as to acquit the respondents, therefore, no case is made out for granting leave against the impugned judgment.