HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Crml Leave To Appeal No. 338 / 2015
State of Rajasthan.
1. Kishan Lal @ Madan Lal son of Devi Lal, by caste Gameti,
resident of Bheel Basti, Nogama, Police Station Rajnagar,
2. Devi Lal son of Shobha, by caste Gameti, resident of Bheel
Basti, Nogama, Police Station Rajnagar, District Rajsamand.
For Appellant(s) : Mr. L.R. Upadhyaya, PP.
For Respondent(s) : Mr. A.P. Singh.
HON’BLE MR. JUSTICE SANDEEP MEHTA
Heard the arguments advanced by the learned Public
Prosecutor and learned counsel representing the respondents
accused. Perused the impugned judgment as well as the record.
By way of the instant application preferred under Section
378(iii) (i) Cr.P.C., the State of Rajasthan craves leave to file an
appeal against the judgment dated 25.03.2015 passed by the
learned Sessions Judge, Rajsamand in Sessions Case No.67/2011
whereby, the respondents accused were acquitted from charges
under Sections 498A and 306 IPC.
Having heard and considered the arguments at bar and after
perusal of the record, I am of the firm opinion that there exist no
valid grounds or reasons so as to grant leave to the State of
(2 of 2)
Rajasthan to file an appeal against the impugned judgment of
acquittal. As per the prosecution case, the deceased Geeta was
married to Kishan Lal accused about 8-9 years before the incident.
She jumped into a well with her son Guddu on 10.12.2010 and
both expired by drowning. Her parents were informed. The
deadbodies were subjected to postmortem and were handed over
to the matrimonial relatives for cremation. The FIR came to be
lodged as late as on 20.12.2010 by Mangilal father of Geeta.
When the statement of Mangilal was recorded at the trial, apart
from a bald allegation that Geeta used to complain to him that her
husband quarreled with her, no aspersions were made so as to
justify the prosecution of the respondents for the offence under
Sections 498A and 306 IPC. Likewise, PW-6 Smt. Nani also made
vague allegations of beating against Kishan Lal and stated that
Kishan Lal used to commit thefts. However, these statements
clearly fall short of proving the necessary ingredients of the
offences alleged against the accused.
Thus, I am of the opinion that the impugned judgment of
acquittal dated 25.03.2015 does not suffer from any shortcoming,
either factual or legal, so as to grant leave to the State of
Rajasthan for filing an appeal there against.
Consequently, the instant leave to appeal application
preferred by the State of Rajasthan is hereby rejected being
devoid of merit.
Record be returned to the trial court.