State vs Vishnu @ Devilal & Anr on 24 July, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Crml Leave To Appeal No. 261 / 2017
State

—-Appellant
Versus
Vishnu @ Devilal Anr.

—-Respondents
__
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
Order
24/07/2017

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)
[CRLLA-261/2017]

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

granted.

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.

Ms/-15

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