- (1.) This appeal has been filed by the State of Rajasthan against the judgment and order dated 20-4-93 passed by the Learned Additional Sessions Judge, Nimbaheda in Sessions case No. 22/92 by which he acquitted the accused respondent for the offence under Sections 498-A and 306, I. P. C.
(2.) This appeal arises in the following circumstances : i) On 4-7-88, at about 10 p.m. P. W. 13 Laxman Singh who was S. I. in the Police Station Nimbaheda received an information from the Medical Officer, Dr. R. D. Bhatt P.W. 15 from the Hospital and receiving that information, P. W. 13 Laxman Singh reached the hospital where Prem Chand was there and he informed orally to P. W. 13 Laxman Singh stating that in the morning all the persons of his family had gone to the field in the house; wife of his son Gopal, namely Ram Kumari (hereinafter referred to as "the deceased") was alone and in the noon, when he went to his house, he found the deceased unconscious and then he called his wife P.W. 4 Lahar Bai who was living nearby and she also came there. Then he called doctor and doctor advised him that she should be taken to the hospital and in the hospital, when the treatment was going on, the deceased died. ii) This oral report was reduced into writing and the same is Ex. P/6 and on this report, P. W. 13 Laxman Singh registered Marg FIR No. 6/88 under Section 174, Cr. P. C. and started investigation. iii) During investigation, post-mortem of the dead body of the deceased was got conducted by Dr. P.W. 11 Dr. R. K. Gupta and P.W. 15 Dr. R. D. Bhatt and the post-mortem report is Ex. P/4 and both the doctors have stated that cause of death of Smt. Ram Kumari was esphyxia and this may be probably due to opium poisoning and they also found 6 bruises, three on the right thigh and three on her right hip part of simple nature. Thereafter, P.W. 13 Lasman Singh came to the conclusion that accused-appellant-Gopal who was husband of the deceased used to treat her with cruelty and used to beat her and a case for offence under Ss.498-A and 306, I.P.C. was made out and he himself lodged FIR Ex. P/8 and on this FIR Ex. P/8 investigation of the case was done by P.W. 14 Netrapal Singh who was SHO in the Police Station, Nimbaheda. iv) After usual investigation challan was submitted in the Court of Magistrate for offence under Ss. 498-A and 306, I.P.C. from where the case was committed to the Court of Additional Sessions Judge, Nimbaheda.
(3.) The charges for offence under Sections 498-A and 306, I.P.C. were framed on 16-7-1991 by the learned trial Court against the accused-respondent who pleaded not guilty and claimed trial.;