Inspite of this finding the 2nd Respondent was acquitted.
Munki had also deposed that when poison was administered to her, her mother in law and sister in law were also present.
He deposed that after Munki was admitted to the Hospital, her gastric lavage and blood sample were preserved and sent for chemical examination.
Munki.
Subsequently Sections 307 and 324 were also added.
Even though the State had number filed an Appeal against the Order of acquittal dated 27th March, 2000 and has number filed any SLP before this Court, Mr. Ranji Thomas, who appears for the State of Rajasthan, informs us that he is supporting the Appellant.
The Second Additional District and Sessions Judge has companycluded that the Jeth and the mother in law and sister in law should have been examined by the prosecution.
In support of its case the Prosecution had examined a number of witnesses.
It was stated that when the Appellant went to the Hospital he found Munki in Emergency Ward.
It was companyplained that even when the 2nd Respondent had been told number to beat his wife or harass her, he refused to listen to reasons.
The said Munki was married to the 2nd Respondent.
It was further companyplained that on 15th September, 1998, the Appellant was informed that Munki was seriously ill and had been admitted to Jodhpur Hospital.
It was stated that Munki had informed the Appellant that she had been beaten and administered a glass of pesticide by her husband i.e. the 2nd Respondent.
By an Order dated 27th March, 2000 the 2nd Respondent was acquitted by the Second Additional District Sessions Judge.
Against the Order of acquittal the Appellant filed Criminal Revision Petition, which has been dismissed by the impugned Judgment dated 5th July, 2000.
The companyplaint was to the effect that the 2nd Respondent used to beat his wife and harass her without any reasons.
On the basis of the FIR, a companyplaint under Section 498 A and 323 was registered.
On 16th September, 1998, the Appellant filed a First Information Report with the Mahatma Gandhi Police Chauki, Jodhpur, Rajasthan.
The reasoning of the Second Additional District Sessions Judge, for acquitting the 2nd Respondent, are difficult to follow.
Hence this Appeal.
The report had been marked as Ex.
Of the said marriage there is a girl child born to these two parties.
On the basis of this evidence the Second Additional District Sessions Judge companycluded that poison dangerous to life was found in the body of Smt.
N. VARIAVA, J. Leave granted.
Briefly stated the facts are as follows The Appellant is the father of one Munki.
Munki was supposed to have been taken to the Hospital by her Jeth.
He further deposed that if the treatment had number been given in time, Munki would have died.
The Jeth was number an eye witness to the administration of poison.
Heard parties.
Among the witnesses that it had examined was one Dr. N.S. Kothari, who was examined as Prosecution Witness No.
This appeal is against the judgment dated 5th July, 2000, by which the High Court has summarily dismissed the Revision Petition filed by the Appellant herein.
The 2nd Respondent was then tried for the said offences.
The result of the report read as follows On chemical examination, portion of blood sample and gastric lavage gave position test for the presence of organo phosphorous insecticide.
He deposed that the chemical examination disclosed that an insecticide poison namely, organo phosphorous, which was dangerous to life, was found present in gastric lavage and blood sample.
