IMPORTANT POINT
High Court should record its reasons for refusing leave to appeal.

JUDGMENT

R. BANUMATHI, J.

This appeal by special leave has been filed against the common 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 confirmed 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.

2. The factual background which led to the filing of this appeal are as under:-Marriage of second respondent-Bhanwara Ram and the appellant’s daughter Kamla (since deceased) was solemnized on 27.05.2007 and Kamla remained peacefully in her in-laws house for sometime. It is alleged that within short while thereafter, her in-laws started to treat her with cruelty in connection with demand of dowry. 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. 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). Deceased told second respondent that she is preparing for Patwari examination and as such she was not prepared to return quickly. Angered over the same, respondent No. 2 is said to have beaten Kamla and the appellant was compelled to send his daughter Kamla with respondent No.2 on 10.08.2008. 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.

3. On the complaint 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. 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 not died due to drowning in the water. On the basis of the said report, a case under Sections 498A and 304B IPC was registered and investigation was taken up. After completion of the investigation, chargesheet under Sections 302, 304B and 498A IPC was filed against the accused persons viz. Bhanwara Ram, Deshraj Ram, Dhupudevi and Kamla daughter of Deshraj Ram.

4. Before the trial court prosecution has examined fifteen witnesses. The trial court vide its judgment dated 24.03.2009 held that the prosecution has failed to prove that the accused persons harassed the deceased in connection with demand of dowry prior to her death and that there was no medical evidence as to how deceased Kamla died. The trial court 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. 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 State’s leave to appeal and appellant’s criminal revision petition. Being aggrieved, the father of the deceased has preferred this appeal.

5. Ms. Aishwarya Bhati, learned counsel for the appellant submitted that the High Court erred in dismissing the appeal without properly appreciating the evidence and the fact that the trial court completed the trial in a fast track within six months of the incident without even waiting for the FSL Report from the Forensic Science Laboratory, Jodhpur which came nearly twenty days after the judgment. It was submitted that the FSL Report dated 04.09.2008 shows that the samples of viscera of the deceased gave positive test for the presence of organo phosphorous insecticide and the High Court erred in discarding the FSL Report. It was contended that almost all the seve