STATE OF RAJASTHAN Vs. MUKUT BEHARI AND ORS.

JUDGEMENT

(1.) I have heard learned Public Prosecutor and also perused the impugned order dated 31.10.1998 passed by the learned ADJ Baran by which, he acquitted the accused of the charge for commission of offence punishable under Sections 498-A and 306 IPC. The prosecution has not led any substantial evidence on the record to connect the accused with offences under Sections 498-A and 306 Penal Code or intimidation of deceased-Gayatri or her parents with regard to dowry demands from her in-laws. The finding of the trial court is to the effect that deceased Gayatri and her husband Mukut Behari were having cordial relations and there was no dispute between them with regard to the alleged maltreatment at the instance of her in-laws. Hence, in absence of substantial evidence to connect the accused with the offence under Sections 498-A and 306 IPC, the trial Court has rightly recorded the finding of acquittal in favour of the accused. The law is so well settled that the finding of acquittal should not be lightly interfered with unless, there is substantial evidence to connect the accused with the offence.

(2.) As a result, no ground for any interfere with the impugned order dated 31.10.1998 passed by the trial court is made out. Leave to appeal is accordingly declined. Leave to Appeal Declined.