Rajasthan High Court - Jodhpur
State vs Bhura Ram & Anr on 6 July, 2017
Author: Sandeep Mehta
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Crml Leave To Appeal No. 210 / 2016
State of Rajasthan
----Appellant
Versus
1. Bhura Ram S/o Mangi Lal, R/o Narsinghpura, Sojat City, Pali.
2. Dakhu Devi W/o Mangi Lal, R/o Narsinghpura, Sojat City, Pali.
----Respondents
_____________________________________________________
For Appellant(s) : O.P. Rathi, PP.
_____________________________________________________
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order 06/07/2017 Heard. Perused the material available on record. As per the highest prosecution case set up in the FIR (Ex.P/16), the entire set of allegations of harassing and humiliating the deceased and instigating her to commit suicide is attributed to the accused respondent No.2 Dakhu Devi. Thus, the application for leave to appeal is allowed to her extent. However, considering the circumstance that there is no allegation whatsoever against the respondent No.1 Bhura Ram in the FIR, the impugned judgment whereby he was acquitted of the charge under Section 306 IPC is upheld to his extent and the leave application is rejected qua him.
Accordingly, the application for leave to appeal is partly allowed. The same be registered as a regular appeal against respondent No.2 Dakhu Devi only. The respondents have also filed (2 of 2) [CRLLA-210/2016] an appeal No.1057/2015 in this Court and thus, service of notice of the instant appeal be effected by supplying a copy of memo of appeal to the learned counsel Shri D.S. Udawat who represents the respondent Dakhu Devi in the said appeal. Service is treated to be complete.
The appeal be listed for admission after two weeks.
(SANDEEP MEHTA)J. Tikam/58