HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Crml Leave To Appeal No. 228 / 2017
State of Rajasthan
Kamlesh Kumar S/o Devi Lal Sen, Near Panchayat Samiti, Aasind,
Police Station Aasind, District Bhilwara.
For Appellant(s) : Mr. L.R.Upadhyay, P.P.
For Respondent(s) : Mr. Deepak Menaria
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
By way of this application for grant of leave to appeal filed
under Section 378(iii) Cr.P.C., the State of Rajasthan craves leave
to file an appeal against the judgment dated 19.1.2017 passed by
learned Addl. Sessions Judge (Women Atrocities Cases), Bhilwara
in Session Case No. 1/2007 whereby the respondent Kamlesh
Kumar was acquitted from the charge under Section 304-B IPC.
I have considered the arguments advanced by learned P.P.
and the learned counsel Mr. Menaria representing the respondent.
Perused the impugned judgment and the material available on
Learned trial court, while acquitting the respondent from the
above charge convicted him for the offences under Sections 498A
and 306 IPC and sentenced him to various terms of imprisonment.
The accused has preferred an appeal being S.B.Cr. Appeal No.
(2 of 3)
130/2017 against his conviction.
Upon going through the record, a glaring fact is revealed
which totally rules out possibility of any interference in the
impugned judgment. The respondent Kamlesh Kumar was married
to Smt. Renu d/o Rodu Lal (complainant ). Smt. Renu ended her
life by committing suicide on 1.10.2006. The first informant Rodu
Lal submitted a complainant before the Addl. District Magistrate
(City), Bhilwara on 5.10.2006 alleging that his daughter had been
killed by her husband and in-laws because their demands of dowry
were not satisfied. In the F.I.R. it was alleged that his daughter
was married to the accused Kamlesh on 20.11.1999. However,
when examined Rodulal during trial as P.W. 5, he clearly stated
that marriage of Renu with the respondent accused was
solemnized on 20.9.1999. No attempt was made by the
prosecution to clarify and ascertain the exact date of marriage of
Smt. Renu with the respondent Kamlesh or to remove the
anomaly regarding the date of marriage. Even in the statement of
the accused recorded under Section 313 Cr.P.C. the question no. 5
which was put to him reads that P.W. 5 Rodu Lal stated that his
daughter married to Kamlesh on 20.9.1999. That being the
situation, apparently the prosecution failed to prove that the death
of Smt. Renu occurred with the period of seven years of her
marriage stipulated in Section 304B IPC.
That apart, I have examined the judgment dated 19.1.2017
passed by the trial court, acquitting the respondent from the
charge under Section 304B IPC and the evidence available on
record and find that the prosecution did not lead cogent
(3 of 3)
convincing evidence to satisfy that the deceased was harassed or
humiliated by the respondent on account of demand of dowry
soon before her death. Manifestly, the evidence regarding death of
Smt. Renu being unnatural is also unconvincing. The prosecution
set up a case that the deceased consumed some poisonous
substance and committed suicide. As per the post mortem report
Ex.P-29 prepared by the Medical Board, the cause of death of
Smt. Renu was opined to be peripheral circulatory failure due to
natural death or poisoning. However, the final cause of death was
reserved to be given after receiving the F.S.L. report. The F.S.L.
report was exhibited by the defence as Ex.D-2. The said report
reads that viscera received in the case at hand gave negative tests
for any kind of poison whatsoever. In view of this significant
fact, apparently even the allegation of unnatural death of Smt.
Renu is questionable.
Consequently, I do not find any reason so as to entertain this
application for grant of leave to State of Rajasthan against the
judgment dated 19.1.2017 whereby the respondent was acquitted
from the offence under Section 304B IPC as the same does not
suffer from shortcoming either factual or legal so as to warrant
Resultantly, the instant application for leave to appeal is
dismissed as being devoid of merit.