- (1.) Complainant-Neeta has filed this application under Section 378(4) Cr.P.C. seeking leave to file an appeal against the judgment of acquittal dated 31.3.2012.
(2.) FIR No. 274 dated 4.11.2009 was registered against respondents No.1 & 2/accused on 4.11.2009 on a statement Ex.PE made by Neeta (PW.14) for commission of offences under Sections 302, 201 & 34 IPC in Police Station Baroda. It was an allegation against both the above accused that they had killed Jasmer, husband of respondent No.2.
(3.) The trial Judge has noted the following facts regarding case of the prosecution:- "2. It is case of the prosecution that Smt. Neeta, the complainant (PW.14) is a sister of the deceased Jasmer. The latter was married with accused Smt. Sushina alias Sheena and both of them were living as husband and wife at their native village Ridhana on the day of occurrence. It has been urged that 17.10.2009 was the day of festival of Diwali. Smt. Neeta had visited her brother, Jasmer at village Ridhana on that day. She was disturbed in her sleep around midnight by the quarrelling couple where upon she learnt that accused Smt.Sheena had developed illicit relations with Sandeep, a neighbour. The husband had been regularly attempting to prevail upon her to withdraw from the unholy alliance. She would not listen to him. Accused Smt. Sheena went out to summon her co-accused, namely, Sandeep with intent to finish the chapter of life of her husband. Sandeep was accompanied by Naresh and Jagbir and their parents, namely, Daya Nand and Smt. Parmeshwari. There were two more accomplices with them but Smt. Neeta failed to identify them. Sandeep, Naresh and Jagbir laid the deceased on the ground whereas Daya Nand gagged his mouth with a piece of cloth. The alarm raised by her failed to attract the attention of the covillagers because of Diwali celebration fireworks in the village. Accused Sandeep then tied legs of the deceased below the knees with a naked electricity wire and passed electric current through the wires when an intent to cause his death. Jasmer succumbed to the injuries at the spot because of electrocution.";