The prosecution bears the burden of proving the guilt of the accused beyond a reasonable doubt, and the testimony of hostile witnesses cannot be relied upon to establish the guilt of the accused.

GOVERDHAN BARDHAR, J.

1. The instant criminal leave to appeal has been filed by the State of Rajasthan against the impugned judgment dated 01.04.2015 passed by the Court of learned Special Judge, Scheduled Caste & Scheduled Tribe (Prevention of Atrocities Cases), Jhunjhunu, in Sessions Case No.175/2013 (111/13) whereby accused respondent has been acquitted of the charges framed against him under Sections 498A, 304B in the alternate under section 302 IPC.

2. In brief the factual matrix of the case is that complainant Vimla Devi w/o Late Mohan Lal, resident of Lilki, Police Station Rajgarh, District Churu submitted a written report (Ex.P3) to the S.H.O., Police Station Bagad to the effect that she is resident of Lilki, Police Station Rajgarh, District Churu. She has two daughters. The marriage of his daughter Poonam was solemnized with Sanjay, who is resident of Village Lamba Gothda and marriage of her younger daughter Pooja was solemnized with Pawan. Marriage of her both the daughters was solemnized two years ago. After sometime of the marriage, mother-in-law, father-in-law Guljari, Saroj (nanad) and Sanjay (Jeth) of her daughter in conspiracy committed the murder of her daughter on 12-13/6/2013 for demand of dowry. The neighbourers gave information about the alleged incident. No postmortem of the dead body of Pooja was conducted. Thus, aforesaid five culprits be arrested immediately without any delay and against them stern action be taken.

3. On the basis of aforesaid written report (Ex.P3), an F.I.R. No. 78/2013 (Ex.P9) for the offence under Sections 498A and 304B IPC was registered at Police Station Bagad, District Jhunjhunu. After investigation, the police submitted charge-sheet against the accused respondent under sections 498A, 304B IPC in the Court of learned Chief Judicial Magistrate, Jhunjhunu. The learned Chief Judicial Magistrate, Jhunjhunu committed the matter to the Court of Sessions Judge, Jhunjhunu who transferred the case to the Court of learned Special Judge, Scheduled Caste & Scheduled Tribe (Prevention of Atrocities Cases), Jhunjhunu (for short 'the learned trial court').

4. Learned trial court after hearing the arguments of both the parties, framed the charges against the accused respondent for the offences under Sections 498A, 304B in the alternate under section 302 IPC and explained him, who denied for the same and claimed for trial.

5. To substantiate the charges, prosecution examined as many as 12 witnesses and exhibited 21 documents. After completion of prosecution evidence, statement of accused respondent under Section 313 Cr.P.C., 1973 was recorded. In defence, the accused respondent got examined receipt of Forensic Science Laboratory as Ex.D1.

6. Learned trial court after hearing the final arguments of both the parties, acquitted the accused respondent for the charges levelled against them vide impugned judgment dated 01.04.2015.

7. Ms. Soniya Shandaliya, learned Public Prosecutor argued that the learned trial court has erred in not considering the statements of prosecution witnesses by which the offences against the accused respondent are well proved but the learned trial court acquitted the accused respondent from the charges leveled against him which is based on wrong appreciation of evidence. The learned trial court has erred in not relying on the fact that the deceased Pooja had died within three years from the date of her marriage and she died in her in-laws house which is proved from the evidence on record and her death was unnatural one. Learned Public Prosecutor argued that the learned trial court erred in not relying upon the statement of Vimla Devi (PW2), who deposed that her daughter Pooja was murdered by her husband Pawan Kumar by giving her poison. The offence of cruelty, demand of dowry and attempt to murder was fully proved but the learned trial court has over-looked the real aspect of the case in view of the limitations of the wife in Indian Culture and social obligations. Learned