STATE OF RAJASTHAN Vs. ISLAMUDEEN

JUDGEMENT

(1.) The instant appeal is filed by the State questioning the legality and validity of the judgment and order dated 28.09.2005 rendered by the Additional Sessions Judge (Fast Track) No.3, Bundi in Sessions Case No.68/2004 acquitting the respondents of the charge under Sections 304B and 498A the Indian Penal Code (for short, hereinafter referred to as 'the Code;).

(2.) I have heard Mr. Javed Choudhary, learned Public Prosecutor for the appellant-State and Mr. Harendra Singh with Mr. Rajesh Choudhary, learned counsel for the respondents.

(3.) On 13.08.2004 one Bahadur Kha, father of the deceased, lodged an information that he had given her daughter Piri Bai (since deceased) in marriage to the respondent No.1 whereafter he (respondent No.1) alongwith the appellants No.2 and 3, his mother and sister correspondingly used to harass her by demanding dowry. It was alleged that the respondents used to make persistent demand of Rs. 50,000/- as dowry and that eventually on 12.08.2004 they doused her in kerosene oil and set her on fire, as a result whereof she eventually succumbed to burn injuries at the hospital. On the basis of the FIR, a case was registered under aforementioned provisions of the Code and challan was laid against the respondents thereunder. The respondents, on being confronted with the charge, denied the same and were, thus, made to stand trial. The prosecution examined several witnesses including the informant and the doctor, who conducted the post mortem on the dead body. The respondents in their statement under Section 313 Cr.P.C. denied the charge as well.