STATE OF RAJASTHAN Vs. RUKMANI DEVI

JUDGEMENT

(1.) IN a sessions case No. 10/1983 Mst. Rukmani was tried under S. 302 IPC for committing the murder of her daughter-in-law Smt, Kamla. Learned Additional Sessions Judge, Dausa, after recording the evidence passed an order of acquittal on 3rd March, 1984. The State did not filed any appeal against the above order of acquittal. On 22nd February, 1986 when Lok-Adalat was held at Alwar an application was submitted on behalf of Beena Kumari daughter of Shiv Dayal before Hon'ble Justice G. M. Lodha. On the said application Justice Lodha, passed an order treating the said application as suo-moto revision against the order of acquittal. There after, on 25th February, 1986, Justice Lodha, passed the following order in chambers. 25-286 Hon'ble Mr. Justice G. M. Lodha (in chambers) At the Lok Adalat, Alwar on 22. 2. 1986, this application was presented for being treated as suo-moto,revision against the order of acquittal. The office should register it as suo-moto. revision under Section 397 read with S. 401 Cr. P. C. The Secretary, Legal Aid Board, Jaipur may be requested to provide the counsel to the complainant. Beena Kumari, as the complainant is poor and minor and her whose mother is alleged to have been killed on not bringing the-sufficient and adequate dowry as demanded by father Shri Shiv Dayal and grand mother Smt. Rukmani Devi. Admit, issue notice, to the accused. Put up before the regular bench after notice is served. The office should ascertain and if any appeal has been filed by the State then this revision be tagged with it. Sd/- G. M. Lodha

(2.) AFTER the notices were served on Smt. Rukmani and Shiv Dayal, this matter has come before us today in the above circumstances. On an earlier occasion on 14th August,. 1986 when the matter was listed before V. S. Dave, J. objection was raised on behalf of Mr. Jagdeep Dhankar, learned counsel for the respondents that this court has no jurisdiction, express or implied to issue a notice to Shiv Dayal who was not even an accused during the trial and besides that nothing has been shown that there was any illegality committed during the course of trial which warranted in interference in revision against the order of acquittal. It was further submitted by Mr. Dhankar that acquittal could not be changed into conviction in exercise of the revisional powers of this court. Hon'ble Dave, J. then passed an order for placing the matter before the Division Bench as the accused Rukmani was tried for an offence under Section 302 I. P. C. We have heard Mr. Rathore, on behalf of the complainant and Mr. Dhankar, for the respondents.