GOVERDHAN BARDHAR,J. - (1.) The instant criminal leave to appeal has been filed by the State of Rajasthan against the impugned judgment dated 05.08.2013 passed by the learned Addl. Sessions Judge, Bandikui, District Dausa in Sessions Case No. 37 of 2012, whereby respondent has been acquitted of the charge framed against him under Sections 302, 304B, 498A and 201 IPC.
(2.) The factual matrix of the case is that complainant Ramdayal Bairwa (PW2) submitted a written report (Ex.P2) to the SHO, Police Station, Kolwa to this effect that marriage of Mamta was solemnized with Vikki (Vinod) in Gram Panchayat Kiratpura, Likhaliya Ki Dhani. Due to non-fulfilling the demand of dowry, her 'jethani' Gulab and Vinod used to torture her. Many at times Mamta used to come at 'Peehar' with complaint against above persons but being counselled she used to return at her in-laws place. Vikki (Vinod) after consuming liquor used to give beating to Mamta. In night Vikki (Vinod) gave beating saying that your father gave no dowry and on the same night committed murder of her. At 7:30 AM the villagers informed about death of Mamta.
(3.) On this, a case bearing No. 51/2012 for the offence under Section 304B IPC was registered at Police Station Kolwa. After investigation, the police submitted charge-sheet against the accused respondent under sections 304B, 498A and 201 IPC in the concerned court. The matter being triable by the Court of Session, the Court of concerned Magistrate sent the matter for trial to the learned Addl. Sessions Judge, Bandikui, District Dausa ('the learned trial court' for short).;