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Judgment
A.M. Kapadia, J.—The State has filed leave to appeal against the acquittal accused Respondents - Lekh Ram, Mani Ram and Smt. Sarbati Devi, whereas, father of the deceased namely Bajrang Lal Pareekh has filed revision petition against the acquittal of the above three accused Respondents by the same judgment passed by the learned Addl. Sessions Judge (Fast Track) Court No. 2 Hanumangarh, Head Quarter Nohar, which have been tagged together at the admission stage.
We have heard learned Counsel for the petitioner as well as learned Public Prosecutor for the State in the revision petition and leave to appeal and gone through the record of the case .
Learned Counsel for the petitioner as well as learned Public Prosecutor have stressed much on the evidence of Vijay Laxmi PW 6, who is a child witness and daughter of the deceased. The learned trial Court while appreciating the evidence has held that in examination in chief, she has not Stated anything about accused Lekh Ram, who was said to be in the jeep, when it collided and has improved her Statement in the cross examination by implicating accused Lekh Ram. The evidence of other witnesses as well as of this witness Vijay Laxmi PW 6 also reveals that the learned trial Court has rightly disbelieved the theory of demand of dowry and rightly acquitted accused Mani Ram and Smt. Sarbati Devi, who are father in law and mother in law respectively of the deceased for offence u/s 498A Indian Penal Code. This is a simple case of murder by the husband of the deceased, who was with driver of the vehicle Kalu Ram, therefore, the husband of the deceased namely Brij Prakash and Kalu Ram have been convicted by the learned trial Court for offence u/s 302 Indian Penal Code and acquitted accused Lekh Ram for offence u/s 302 Indian Penal Code and accused Mani Ram and Smt. Sarbati Devi for offence u/s 302 read with Sections 120B and 498A Indian Penal Code.
Keeping in view all the facts and circumstances of the case, we are unable to interfere with the finding of acquittal arrived at by the learned trial Court.
Consequently, the revision petition filed by petitioner Bajrang Lal Pareekh is dismissed and leave to appeal filed by the State is refused.