- (1.) The appellant-State has preferred this appeal under Section 374(2) Cr.P.C. against the judgment and order dated 11.03.1992 passed by the learned Sessions Judge, Udaipur in Criminal Case No.145/1988 whereby the respondents-accused was acquitted from the offences under Sections 498A and 306 IPC.
(2.) The brief facts of the case are that Smt. Kailash got married with Virendra Kumar about four years prior to the date of incident. According to the prosecution, Smt. Kailash was being tortured by her inlaws. The marriage of sister-in-law of Smt. Kailash was to be solemnized two days after the date of incident and the mother-in-law and father-in-law demanded necklace for the marriage and Smt. Kailash refused on which quarrel took place. Thereafter, due to this, she pored kerosene on her body and put herself on fire. When she raised cry, neighbours reached there and they saw Smt. Kailash and her daughter burning. The neighbours informed the police and SHO, P.S. Palasia reached at the place of occurrence and recorded the statement of Smt. Kailash (Ex.P/8) and she was taken to General Hospital, Udaipur. On 21.01.1988, the daughter of Smt. Kailash died. On 22.01.1988, Smt. Kailash also died but before her death, she gave another statement (Ex.P/13), which was recorded by the City Magistrate, Udaipur. On the basis of statement (Ex.P/13), a case No.4/1988 was registered at P.S. Palasia for the offences under Sections 498A and 306 IPC and investigation commenced. After complete investigation, the police filed charge-sheet against the respondents-accused in the court of Judicial Magistrate, Jhadol wherefrom the case was committed for trial to the court of learned Sessions Judge, Udaipur (hereinafter referred to as 'the learned trial court'). The learned trial court, framed charges against the respondents-accused for the offences under Sections 498A and 306 IPC to which they denied and claimed trial.
(3.) To substantiate the charges, the prosecution examined as many as 11 witnesses and exhibited documents. The respondents-accused were, thereafter, examined under Section 313 Cr.P.C., wherein they denied the prosecution case and stated that they have been implicated falsely and submitted that Smt. Kailash (deceased) was living peacefully and there was no quarrel between them. The respondent-accused Dayalal examined himself as DW-1 and Ajit Kumar as DW-2.;