HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Crml Leave To Appeal No. 433 / 2017
Virmaram S/o Shri Lalaram, by caste Meghwal, aged about 32 years,
R/o Village Bhandukala, Tehsil Luni, District Jodhpur
1. State of Rajasthan
2. Dinesh S/o Shri Khinya Ram, by caste Meghwal, R/o
Khatawas, Police Station, Jhanwar, District Jodhpur.
For Appellant(s) : Mr. J.P. Bishnoi
For Respondent(s) : Mr. V. Kachhwaha,PP
For Respondent No.2 : Mr. R.S. Sharma,
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
appellant complainant against the judgment dated 20.04.2017
passed by learned Addl. Sessions Judge (Woman Atrocity Cases),
Jodhpur Metropolitan, Jodhpur in Sessions Case No.19/2015 (NCV
No.56/2015) whereby the learned trial court acquitted the
respondent Dinesh from the charges leveled against him for offences
under Sections 498A 304B IPC.
Learned counsel for the appellant-complainant submits that the
evidence of the prosecution has not been considered properly by the
learned trial court, therefore, the finding of acquittal deserves to be
quashed because the presumption was to be drawn for offence under
Section 304B IPC as the deceased died within seven years of her
marriage. Therefore, leave to appeal may be granted.
(2 of 2)
Learned Public Prosecutor and learned counsel for respondent
No.2 submit that the entire evidence has been properly considered
by the trial court. There is no evidence with regard to date of
marriage, therefore it cannot be said that the case falls under
Section 304B IPC, therefore, there is no question to grant leave to
appeal against the judgment impugned.
After hearing the learned counsel for the parties and after
perusing the findings recorded by the trial court in the light of the
evidence on record, we deem it appropriate to grant leave to appeal.
Consequently, the instant criminal leave to appeal is hereby
granted. The memo of leave to appeal may be treated as memo of
appeal. The respondent No.2 is already representing through his
counsel. The learned counsel for the respondent No.2 is directed to
inform the respondent No.2 Dinesh to furnish personal bond in the
sum of Rs.50,000/- with one surety of like amount to the satisfaction
of Dy. Registrar (Judicial) Rajasthan High Court, Jodhpur on or before
18.12.2017 to remain present as and when called upon to do so.
Admit. Record of the case has already been received.
After recording the presence of the respondent No.2 and
furnishing the bail bonds, the appeal may be placed in due course.
(MANOJ KUMAR GARG) J. (GOPAL KRISHAN VYAS) J.