HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
D.B. Crml Leave To Appeal No. 261 / 2017
Vishnu @ Devilal Anr.
For Appellant(s) : Mr. Vishnu Kachhwaha, PP
For Respondent(s) : Mr. RP Singaria
Ms. Sumitra Singaria
HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
The instant criminal leave to appeal has been filed by the
State of Rajasthan under Section 378 (iii) (i) Cr.P.C. against the
judgment dated 17.01.2017 passed by learned Addl. Sessions
Judge, Nathdwara, in Session Case No.27/2013 by which the
learned trial court acquitted the respondent No.1 Vishnu @ Devilal
Prajapat from the offences under Sections 304B and 302/34 IPC
and respondent No.2 Smt. Yamuna for offences under Sections
498A, 304B and 302/34 IPC.
Heard learned Public Prosecutor for the State and the
learned counsel appearing on behalf of respondents and we have
also perused the entire evidence.
After perusing the dying declaration of the deceased Sita as
well as the fact that the marriage of the deceased Sita was
(2 of 2)
solemnized on 25.04.2012 and she died in her in-laws house on
15.08.2013, therefore, prima facie we are of the opinion that it is
a fit case in which leave against the judgment impugned is to be
Consequently, the instant criminal leave to appeal is hereby
granted. The memo of instant criminal leave to appeal may be
treated as memo of appeal.
Admit. The respondents are already represented through
their counsel. The counsel for the respondents are directed to
inform the respondents to remain present before the Deputy
Registrar (Judicial) of this Court on 24.08.2017 and furnish
personal bond in the sum of Rs.50,000/- with one surety of like
amount to the satisfaction of the Deputy Registrar (Judicial),
Rajasthan High Court, Jodhpur. After recording presence and
furnishing of bail bonds, this appeal may be placed in due course.
(MANOJ KUMAR GARG)J. (GOPAL KRISHAN VYAS)J.