P.K. Lohra, J. - (1.) The instant criminal appeal was initially filed by the appellant State against the impugned judgment dated 02.08.1995 rendered by the Additional Sessions Judge, Barmer (for short 'the Trial Court') as Criminal Leave to Appeal No. 159/1995, but subsequently on grant of leave, vide order dated 31.01.1996 registered as Regular D.B.Criminal Appeal. By the impugned judgment, learned Trial Court acquitted the accused-respondents for the offences under Sections 302, 498A and 201 of Indian Penal Code.
(2.) At the threshold when the appeal was preferred and leave was granted, notices were issued against three respondents namely, Smt. Rekho alias Rekha, Binja Ram and Natha. Notices were not served on the accused respondent Binja Ram for more than a decade and thereafter a communication is received from the Additional Sessions Judge, Barmer furnishing information about death of accused-respondent Binja Ram. His death certificate was also enclosed. After verifying the facts, the Court while acknowledging the death of accused respondent Binja Ram son of Harchand abated the instant appeal vis-a-vis deceased accused Binja Ram.
(3.) The prosecution story unfurled from the written report (Ex.P/1) by the complainant Manakaram (PW-1) lodged with Police Station, Sadar, Barmer reveals that on 26.09.1994 Babu son of Gamera (PW-9) visited his house at village Dhundha at about 9:00 a.m. divulging information about Manakram's sister Smt. Pampo that she was unwell and passed away previous night. It is further stated in the report that PW-9 Babu while reporting this untoward incident advised complainant to immediately visit village Jasai and thereupon he at once proceeded for village Jasai. Narration in the FIR also states that when the complainant reached village Jasai he came to know that last rites of his sister have already been performed by her in-laws family hurriedly. On coming to know about this fact that last rites of his sister have been clandestinely performed, as per version of the complainant, he made endeavour to enquire about cause of her sudden death and then it was revealed to him that Smt. Pempo was not indisposed but was murdered by the accused respondents. With this assertion, the complainant prayed for necessary prompt action in this regard.;