- (1.) In this criminal appeal filed by the State of Rajasthan, the judgment dated 28.2.1998 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur in Sessions Case No. 43/1997 is under challenge whereby the learned trial court acquitted the respondents from the charges levelled against them under Section 302 and in the alternative under Section 304B and 498A IPC.
(2.) As per the brief facts of the case the complainant Bhanwar Lal PW -1 brother of the deceased submitted a written report (Ex.P/1) on 12.4.1997 before the Superintendent of Police, Jodhpur to the effect that his sister Manta got married with Premraj S/o Banshi Lal Mali on 18.5.1994. In the marriage, a number of articles and ornaments were given as per the demand of in -laws but at the time of "Vidai", the respondents demanded motorcycle or in the alternative L 25,000/ - but it was not possible for the father of the Mamta @ Manta to fulfil the said demand immediately and therefore, assurance was given that motorcycle or money will be given latter on. As per the allegation of complainant, the behaviour of the respondents remained normal for sometime but thereafter, they tortured Manta for bringing motorcycle or L 25,000/ -. According to the complainant when the desire was not fulfilled then they murdered her on 8.4.1997. It was also submitted that out of three, two daughters of Anda Ram were married with the sons of Pema Ram and Mamta @ Manta was married with Prem Raj son of Bansi Lal.
(3.) Upon receiving the aforesaid report (Ex.P/1) from the office of Superintendent of Police, Jodhpur, the SHO, Police Station, Mathaniya PW -11 Kalyan Singh registered the FIR no. 59/1997 under Section 304B and 498A IPC and commenced the investigation. The investigating officer on completion of investigation filed challan against the respondents in the court of MJM, Osiyan under Section 302, 304B and 498A IP 498A IPC.;