STATE OF RAJASTHAN Vs. PAWAN KUMAR

JUDGEMENT

(1.) The instant criminal leave to appeal has been filed by the State of Rajasthan against the impugned judgment dated 01.04.2015 passed by the Court of learned Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Cases), Jhunjhunu, in Sessions Case No.175/2013 (111/13) whereby accused respondent has been acquitted of the charges framed against him under Sections 498A, 304B in the alternate under section 302 IPC.

(2.) In brief the factual matrix of the case is that complainant Vimla Devi w/o Late Mohan Lal, resident of Lilki, Police Station Rajgarh, District Churu submitted a written report (Ex.P3) to the S.H.O., Police Station Bagad to the effect that she is resident of Lilki, Police Station Rajgarh, District Churu. She has two daughters. The marriage of his daughter Poonam was solemnized with Sanjay, who is resident of Village Lamba Gothda and marriage of her younger daughter Pooja was solemnized with Pawan. Marriage of her both the daughters was solemnized two years ago. After sometime of the marriage, mother-in-law, father-in-law Guljari, Saroj (nanad) and Sanjay (Jeth) of her daughter in conspiracy committed the murder of her daughter on 12-13/6/2013 for demand of dowry. The neighbourers gave information about the alleged incident. No postmortem of the dead body of Pooja was conducted. Thus, aforesaid five culprits be arrested immediately without any delay and against them stern action be taken.

(3.) On the basis of aforesaid written report (Ex.P3), an F.I.R. No. 78/2013 (Ex.P9) for the offence under Sections 498A and 304B IPC was registered at Police Station Bagad, District Jhunjhunu. After investigation, the police submitted charge-sheet against the accused respondent under sections 498A, 304B IPC in the Court of learned Chief Judicial Magistrate, Jhunjhunu. The learned Chief Judicial Magistrate, Jhunjhunu committed the matter to the Court of Sessions Judge, Jhunjhunu who transferred the case to the Court of learned Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Cases), Jhunjhunu (for short 'the learned trial court').