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[CRLR-355/2000]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

S.B. Criminal Revision Petition No. 355/2000

Ram Chandra Gupta

----Petitioner

Versus

State And Anr

----Respondent

Connected With

S.B. Criminal Appeal No. 410/2000

Om Prakash @ Sharwan Kumar

----Petitioner

Versus

State

----Respondent

S.B. Criminal Appeal No. 640/2000

State

----Petitioner

Versus

Omprakash Alias Shriwan Kumar

----Respondent

For Petitioner(s)

:

Mr. Abheshek Bohra for

Mr. D.N. Yadav

For Respondent(s)

:

Mr. MS Bhati, PP

Mr. P.S. Balot

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

12/04/2022

In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in the Court, for the safety

of all concerned.

These three matters i.e. CRL.R No.355/2000 (against

acquittal of accused-respondent Om Prakash @ Sharvan Kumar for

offence under Section 304 IPC); CRL.A No.410/2000 (has been

filed against conviction of Om Prakash @ Sharvan Kumar for

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[CRLR-355/2000]

offence under Section 404 IPC) and CRL.A No.640/2000 (has

been filed for conviction of Om Prakash @ Sharvan Kumar only U/

s.404 IPC and acquittal under Section 304 IPC) have been filed

against common the impugned judgment dated 24.06.2000.

The brief facts of case are that the complainant Ram

Chandra Gupta submitted a report on 15.02.1999 at P.S.

Chopasani Housing Board, Jodhpur alleging inter alia that his wife

i.e. Smt. Trupti, who is working as Nurse in hospital at Chachalwa,

Tehsil Shergarh went on duty on 09.02.1999 but did not return

back home. Upon search, when she could not be recovered police

registered case bearing no.42 under sections 306, 350 IPC and

the investigation commenced.

During the course of investigation challan was filed against

accused under Section 304 and 404 IPC. During trial, prosecution

examined as many as 16 witnesses and got exhibited 21

documents.

The deposition of PW-3 Ramanlal was crucial. He deposed

that the deceased-lady was brought in a very serious state of

illness at Sagwara hospital and she expired during treatment. The

others have also deposed that the cause of death was illness of

the lady. The post-mortem also indicated laparoscopic surgery

upon the body but clear post-mortem report was not there. PW-13

Ram Chandra Gupta, who is husband of deceased, deposed that

Sarwan has enticed away his wife for the purpose of marriage, for

which he lodged a report at Police Station, which is Exhibit-P/17,

as he was aware about her illicit relationship.

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[CRLR-355/2000]

Learned PP submits that recovery of the ornaments was

made out.

This Court on carefully examining the material available on

record and the judgment impugned is of the opinion that the trial

court has rightly arrived at a conclusion that it is not a case of

Section 304 IPC as it has not been proved beyond reasonable

doubt and because of recovery of ornaments offence Section 404

IPC stands established. The post-mortem report alongwith the

deposition of PW-13, husband of deceased and other witnesses

clearly points out that the cause of death was not proved beyond

reasonable doubt, although, recovery of ornaments is established

under Section 404 IPC.

Accordingly, the CRL.R. No.355/2000 and CRL.A.

No.640/2000 are dismissed.

CRL.A No.410/2000 is allowed while maintaining the

appellant’s conviction under Section 404 IPC, as above, the

sentence awarded to him is reduced to the period already

undergone by him. The appellant is on bail. He need not to

surrender. His bail-bonds are discharged accordingly.

All pending applications stand disposed of. Record of the

learned court below be sent back forthwith.

(DR.PUSHPENDRA SINGH BHATI), J.

63-65 nirmala/Sanjay-