HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Crml Leave To Appeal No. 64 / 2016
State of Rajasthan.
—-Appellant
Versus
Gopal Lal S/o Bherulal, B/c Suthar, R/o Mangalpura, P.S.,
Pratapnagar, Bhilwara.
—-Respondent
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For Appellant(s) : Mr.LR Upadhyay, PP.
For Respondent(s) : Mr.BS Charan.
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HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
27/07/2017
The instant application has been preferred by the State of
Rajasthan under Section 378(iii) (i) Cr.P.C. craving leave to file
an appeal against the judgment dated 5.11.2015 passed by the
learned Additional Sessions Judge (Women Atrocities Cases),
Bhilwara in Sessions Case No.12/2011 whereby, the accused
respondent was acquitted of the charges under Sections 498A and
306 IPC.
I have heard and considered the arguments advanced by the
learned P.P. as well as learned counsel for the accused respondent
and have gone through the impugned judgment as well as the
original record.
I find no justification to grant leave to the State of Rajasthan
for filing an appeal against the impugned judgment of acquittal for
the following reasons :-
(2 of 2)
[CRLLA-64/2016]
PW1 Kana, father of the deceased Ms.Hira, stated that his
daughter Ms.Hira had contracted nata marriage with the
respondent Gopal about 4-5 years ago. His daughter and
respondent herein used to have heated arguments on trivial
matrimonial issues. A few days before the incident, his daughter
called him and told that she was fine. A little later, he received
another call and heard the sound of quarreling. Soon thereafter,
he received a call that his daughter had consumed poison and was
admitted in the hospital. He further stated that his daughter and
the respondent Gopal used to quarrel with each other as the
respondent was having an affair with his sister-in-law and that is
why, his daughter committed suicide. In his cross examination, he
admitted that the spouses had started living separately because of
frequent bickering in joint household between the deceased and
her sister-in-law.
In this background, I am of the opinion that there exists no
such material on the record of the case by which it can be
concluded with any degree of certainty that the deceased was
instigated or abetted by the respondent to commit suicide.
As an upshot of the above discussion, the instant application
seeking leave to file appeal is dismissed as being devoid of any
merit.
Record be returned back.
(SANDEEP MEHTA)J.
S.Phophaliya/-
