State vs Gopal Lal on 27 July, 2017

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
__
For Appellant(s) : Mr.LR Upadhyay, PP.
For Respondent(s) : Mr.BS Charan.

__
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/-

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