The factual background which led to the filing of this appeal are as under Marriage of second respondent Bhanwara Ram and the appellants daughter Kamla since deceased was solemnized on 27.05.2007 and Kamla remained peacefully in her in laws house for sometime.
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 number died due to drowning in the water.
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 .
Being aggrieved, the father of the deceased has preferred this appeal.
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 States leave to appeal and appellants criminal revision petition.
After companypletion of the investigation, chargesheet under Sections 302, 304B and 498A IPC was filed against the accused persons viz.
On the basis of the said report, a case under Sections 498A and 304B IPC was registered and investigation was taken up.
Before the trial companyrt prosecution has examined fifteen witnesses.
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.
On the companyplaint 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.
It is alleged that within short while thereafter, her in laws started to treat her with cruelty in companynection with demand of dowry.
2 is said to have beaten Kamla and the appellant was companypelled to send his daughter Kamla with respondent No.2 on 10.08.2008.
The trial companyrt vide its judgment dated 24.03.2009 held that the prosecution has failed to prove that the accused persons harassed the deceased in companynection with demand of dowry prior to her death and that there was numbermedical evidence as to how deceased Kamla died.
Bhanwara Ram, Deshraj Ram, Dhupudevi and Kamla daughter of Deshraj Ram.
The trial companyrt 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.
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.
Angered over the same, respondent No.
Deceased told second respondent that she is preparing for Patwari examination and as such she was number prepared to return quickly.
BANUMATHI, J. This appeal by special leave has been filed against the companymon order dated 03.02.2010 passed by the Jodhpur Bench of the Rajasthan High Court in Leave to Appeal Application No.294/2009 and Criminal Revision Petition No.584/2009 whereby the High Court dismissed both leave to appeal as well as the revision petition thereby companyfirmed the order of acquittal dated 24.03.2009 passed by the Additional Sessions Judge Fast Track , Balotara in Sessions Case No.71/2008 whereby the accused respondents were acquitted of the charges punishable under Sections 498A, 304B IPC alternatively under Section 302 IPC.
