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SHREE CHANDRASHEKHAR, NUPUR BHATI
State of Rajasthan – Appellant
Versus
Seema @ Samma Bano, wife of Samu Khan daughter of Kaolu Khan – Respondent
ORDER :
To challenge the judgment dated 3rd January 2013 passed in Sessions Case No.23 of 2009, the State of Rajasthan has filed this acquittal appeal under section 378 of the Code of Criminal Procedure.
2. The case of the prosecution is narrated by Mohd. Hussain in the Parcha Bayan dated 1st April 2009. According to the informant, his younger brother Naseeb was married to Ashiya in the family of Kalu Khan at Naseerabad. On the date of the incident, the accused persons arrived at the house of the informant in the dead of the night and inquired about Ashiya who at that time was sleeping in the power house. This is also stated by the informant in the Parcha Bayan that his parents, wife and sister were sleeping in a room at the power house. At around 2:00 am in the intervening night of 31st March/1st April 2009, the accused persons armed with lathi (lakkadiya) and Kundale came there and started assaulting the parents of the informant. On hearing halla, when his brother Naseeb came there he was also assaulted by the accused persons. The informant further stated that when his neighbours, namely, Lala Ram Mali and Tulcha Ram came there the accused persons fled away on a Maruti van. On the
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