STATE OF RAJASTHAN Vs. GOPAL SINGH

JUDGEMENT

(1.) This Criminal Appeal under Section 378 (iii) & (i) Cr.P.C. has been preferred by the appellant State of Rajasthan being aggrieved with the judgment dated 19.08.1993 passed by the learned Sessions Judge, Jodhpur (hereinafter to be referred as 'the trial Court') in Sessions Case No. 198/1992 whereby, the learned trial Court has acquitted all the accused/respondents for the offences punishable under Sections 498-A and 304-B IPC.

(2.) As per the prosecution story, in the intervening night of 19th/20th July, 1992, PW-12 Bhanwar Singh has submitted a written report (Ex.P/18) at Police Station Mahamandir, Jodhpur stated therein that his sister (Indira) is married with Gopal Singh and both of them are having one son out of the said wedlock. It is also alleged that after marriage of his sister (Indira) with Gopal Singh, his parents have separated him as he was unemployed. It is also alleged that the father-in-law (Girdhari Singh) and mother-in-law (Smt. Kiran Kanwar) of his sister were annoyed while saying that at the time of marriage, the guests were not served properly and for this reason, they used to harass her and also used to beat her. It is further alleged that before some time, he brought his sister (Indira) to their house but later on, with the intervention of the relatives, she was again sent to her in-laws' house. It is stated that on 19th July, 2992, he went to meet Indira at his in-laws' house and at that time she was very much sad. Later on at about 12 pm, he came to know that his sister (Indira) is admitted in the hospital on account of burn injuries then, he along with his mother PW-13 Uchchhab Kanwar went to the hospital where, Indira told that her husband (Gopal Singh), father-in-law (Girdhari Singh) and mother-in-law (Smt. Kiran Kanwar) used to harass her and, therefore, she has burnt herself by pouring the kerosene.

(3.) On receiving this report, the Police has registered an FIR for the offences punishable under Section 498-A IPC. At about 1:07 pm on 20th July, 1992, police statement of Indira was recorded as Exhibit-10. Thereafter, in the day on 20th July, 1992, dying declaration of Indira was recorded by the Additional Chief Judicial Magistrate No.4, Jodhpur as Exhibit-15. Police statement of Indira under Section 161 Cr.P.C. was again recorded as Exhibit-P/11. On 21st July, 1992, again, the statement of Indira was recorded under Section 161 Cr.P.C. by the Police as Exhibit-P/7. Again on 22nd July, 1992, dying declaration of Indira was recorded by the Judicial Magistrate No.3, Jodhpur as Exhibit-P/17. During pendency of the investigation, Indira died on 25th July, 1992.