Full Judgment
1 D.B.CRIMINAL LEAVE TO APPEAL NO.13/2014 STATE OF RAJASTHAN V/S SAHI RAM & ORS.*** DATE OF ORDER
0302.2014 HON'BLE Mr.GOVIND MATHUR,J HON'BLE Mr.ATUL KUMAR JAIN ,J Mr.K.R.Bishnoi, Public Prosecutor for the State This application is preferred to have leave to challenge the judgment dated 14.8.2012 passed by learned Additional Sessions Judge (Women atrocities & Dowry Cases).Sriganganagar in Sessions Case No.3 of 2011 ( 11 of 2011).By the judgment aforesaid, the learned trial court while convicting co-accused Sahi Ram for the offences punishable under sections 498A & 304B of Indian Penal Code acquitted respondent Smt.
Punni Devi from the charges relating to commission of offences punishable under sections 498A, 304B and 302/120B of Indian Penal Code.
It is submitted by the learned Public Prosecutor that adequate evidence is available on record to conclude that the present respondent Smt.
Punni Devi entered in a conspiracy to kill Smt.
Annu Devi w/o Shri Sahi Ram.
Suffice it to mention that Smt.
Punni Devi is mother of Sahi Ram and as such, mother in law of deceased Smt.
Annu Devi.
From perusal of the judgment impugned, it reveals that an allegation was there against the present applicant for extending harassment and torture to Smt.
Annu Devi for 2 demand of motorcycle.
The learned trial court after examining the entire evidence, arrived at the conclusion that the co-accused Sahi Ram was making demand of motorcycle and he also threatened on several occasions to Smt.
Annu Devi, his wife for facing consequences in the event of not satisfying the demand made.
So far as Smt.
Punni Devi is concerned, no definite evidence for making any demand of dowry was there.
We also do not find any material against accused-respondent Punni Devi to arrive at the conclusion that she entered in any conspiracy with co-accused Sahi Ram to kill Smt.
Annu Devi.
As such, we do not find any reason to grant leave as prayed for.
Accordingly, the present application seeking leave to appeal is dismissed.
It is made clear that dismissal of this appeal shall not have any effect on the merits of S.B.Criminal Appeal No.809/2012 preferred by Sahi Ram to challenge the same judgment and order.
(ATUL KUMAR JAIN),J.
(GOVIND MATHUR),J.
Anil Singh