Praveen Kumar Sai vs State Of Rajasthan

2. The factual background which led to the filing of this appeal are as under:- Marriage of second respondent-Bhanwara Ram and the appellant’s daughter Kamla (since deceased) was solemnized on 27.05.2007 and Kamla remained peacefully in her in-laws house for sometime. It is alleged that within short while thereafter, her in-laws started to treat her with cruelty in connection with demand of dowry. On 27.07.2008, appellant sent his son Jetha Ram (PW-5) to bring back his daughter and Kamla was brought back to her parents house. Within two weeks thereafter i.e. on 09.08.2008, respondent No.2 came to the house of the appellant to take back his wife (Kamla). Deceased told second respondent that she is preparing for Patwari examination and as such she was not prepared to return quickly. Angered over the same, respondent No. 2 is said to have beaten Kamla and the appellant was compelled to send his daughter Kamla with respondent No.2 on 10.08.2008. On 11.08.2008, Kamla died in her matrimonial house and her body was found in a tank there and the parents of Kamla came to know about death of their daughter.

3. On the complaint filed by the second respondent before Police Station Gida, a case No.5/08 was registered in Gida Police Station as death of Kamla was within seven years of marriage. Investigation into the cause of death was initiated by Assistant Collector and Executive Magistrate, Bayatu and investigation report was submitted stating that deceased-Kamla has not died due to drowning in the water. On the basis of the said report, a case under Sections 498A and 304B IPC was registered and investigation was taken up. After completion of the investigation, chargesheet under Sections 302, 304B and 498A IPC was filed against the accused persons viz. Bhanwara Ram, Deshraj Ram, Dhupudevi and Kamla daughter of Deshraj Ram.

4. Before the trial court prosecution has examined fifteen witnesses. The trial court vide its judgment dated 24.03.2009 held that the prosecution has failed to prove that the accused persons harassed the deceased in connection with demand of dowry prior to her death and that there was no medical evidence as to how deceased Kamla died. The trial court thus acquitted all the accused/ respondents of all the charges under Sections 498A, 304B IPC in the alternate under Section 302 IPC giving them benefit of doubt. Aggrieved by the order of acquittal, the State and Khumbha Ram, father of the deceased preferred leave to appeal and the criminal revision before the High Court which vide the impugned order dismissed State’s leave to appeal and appellant’s criminal revision petition. Being aggrieved, the father of the deceased has preferred this appeal.

13. In the result, without commenting on the merits of the case, the impugned order is set aside and leave to appeal is granted. Appeal filed by the State as well as criminal revision filed by appellant- Khumbha Ram shall be taken on the file of the High Court and after affording sufficient opportunities to both parties, the High Court shall dispose of the same in accordance with law. The appeal stands allowed accordingly.

[HEARD BY HON'BLE R.K. AGRAWAL AND HON'BLE R. BANUMATHI, JJ.] Date : 15/10/2015 This appeal was called on for judgment today.

For Appellant(s) Ms. Aishwarya Bhati,Adv.

Mr. T. Gopal, Adv.

For the reasons recorded in the reportable judgment, which is placed on the file, without commenting on the merits of the case, the impugned order is set aside and leave to appeal is granted. Appeal filed by the State as well as criminal revision filed by appellant - Khumbha Ram shall be taken on the file of the High Court and after affording sufficient opportunities to both parties, the High Court shall dispose of the same in accordance with law. The appeal stands allowed accordingly.

As a sequel to the above, pending application, if any, is also disposed of.