- (1.) BY order dated 5.5.2015, this Court granted the application preferred by the State of Rajasthan to have leave to appeal the judgment dated 12.8.2014 passed by Special Judge, SC/ST (Prevention of Atrocities) Cases, Merta. By the judgment aforesaid the trial court acquitted accused respondent Ali Sher from the charge relating to commission of an offence punishable under Section 302 Indian Penal Code.
(2.) IN brief, facts of the case are that on 12.3.2013 at 05:45 PM an oral statement made by Smt. Ramjana wife of Ali Sher, aged 23 years, was reduced in writing by Shri Bhanwarlal, Assistant Sub Inspector, Police Station Gotan in presence of treating doctor Shri Deepak Choudhary at Community Health Centre, Gotan. The statement made by Smt. Ramjana reads as under : - "My marriage was solemnized with Ali Sher son of Kalu Khan Saai, resident of Harsolav. After staying with in -laws for about 2 -3 years I went to my maternal house. My husband Ali Sher used to beat me, therefore, I remained at my maternal house for five years. About one year earlier I was brought to my in -laws house and since then I was with my in -laws. Now from two days my husband is quarrelling with me and two days earlier I brought medicine from Jodhpur. Today too I brought medicines from Jodhpur and since then my husband was quarrelling with me. My husband told me to go and die, he then put me in fire by pouring kerosene on me. I received burns due to that. I am having no children. My husband use to harass and torture me everyday. This incident occurred at 05:00 PM." On basis of the statement aforesaid a case was lodged against accused Ali Sher for an offence punishable under Section 307 Indian Penal Code. Smt. Ramjana during the course of treatment died on 13.3.2013 at 06:36 AM, thus, the investigation was initiated for an offence punishable under Section 302 Indian Penal Code. During the course of investigation corpus of deceased Ramjana was subjected to an autopsy and the report of same is available on record as Ex. P/19. As per document Ex. P/19 cause of death was shock as a result of extensive dry flame burns, antemortem in nature and sufficient to cause death in ordinary course. The autopsy was made by a board consisting of three doctors viz. Dr. H.L. Bairwa, Dr. Rajani Lakhotiya and Dr. Ajay Purohit. The investigating officer after completing the investigation submitted a police report before the court of learned Additional Chief Judicial Magistrate, Merta City on 13.4.2013. The case being sessions triable was committed to the court of Sessions. Learned Sessions court after providing an opportunity of hearing to the accused, framed a charge against him for commission of an offence punishable under Section 302 Indian Penal Code. The accused denied the same and demanded trial. During the course of trial testimony of seven prosecution witnesses was examined and several documents were exhibited. An opportunity was also given to the accused to explain the adverse and incriminating circumstances existing against him in prosecution evidence. The accused while pleading his innocence did not choose to produce any evidence in defence.
(3.) LEARNED trial court by referring the evidence available on record arrived at the conclusion that the prosecution failed to produce any evidence that may be sufficient to held the accused guilty for the charge and acquitted him accordingly.;