HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Criminal Appeal No. 165/2021

Rupi W/o Lt. Sh. Jeewa Ram, Aged About 56 Years, Pratapgarh

Sadari, Teh. Desuri, Dist. Pali At Present Residing At Bhuti Kawla,

Teh. Ahore, Dist. Jalore.

----Appellant

Versus

1.

State Of Rajasthan, Through PP

2.

Dudiya @ Duda Ram S/o Sh. Puna Ram, Pratapgarh

Sadari, Teh. Desuri, Dist. Pali.

----Respondents

For Appellant(s)

:

Mr. Raju Ram Panwar

For Respondent(s)

:

Mr. M.A. Siddiqui, GA-cum-AAG with

Mr. B.R. Bishnoi, AGC

Mr. S.K. Maru

HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

J U D G M E N T

Judgment pronounced on

:::

30/06/

2022

Judgment reserved on

:::

04/05/2022

BY THE COURT : (PER HON’BLE MEHTA, J.)

The appellant Smt. Rupi in capacity of the victim has filed

the instant appeal under Section 378 Cr.P.C. against the judgment

of acquittal dated 30.06.1999 passed by learned Addl. Sessions

Judge, Bali, District Pali in Sessions Case No.28/1999 as the victim

of the case.

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[CRLAD-165/2021]

Brief facts relevant and essential for the disposal of the

appeal are noted hereinbelow:-

The prosecution case involves murder of Jeewa, husband of

the appellant herein. The incident took place on 09.12.1992 in the

village Pratapgarh Jhupa Sadri, District Pali. The FIR No.95/1992

came to be lodged on 11.12.1992 by Rataram S/o Shri Punaji

Baori, brother of the deceased, alleging inter alia that on

09.12.1992 at 10:00 AM, he and his his brother Jeewa (the

deceased) were sitting at their home. His brother Dudiya arrived

there with a lathi and started hurling abuses insinuating that his

(the informant’s) cattle were entering the fields and were causing

damage to the crops. He also raised a grievance that he was not

being allowed to irrigate his field from the well and thus, he would

kill the informant. The informant came out of the house and tried

to appease Dudiya but he inflicted a lathi blow on his head. Jeewa

rushed to save him on which, Dudiya gave two blows of the lathi,

one on the neck and one on the back due to which, Jeewa fell

down, unconscious. Jeewa’s wife, Jeewa’s son Heera, wives of

informant’s brothers Vena & Lala and his mother came there and

intervened to save them. The incident was also witnessed by Jassa

S/o Shri Roda Baori. They took Jeewa inside the house. No

external bleeding was visible and thus, they thought that Jeewa

would recover but he did not regain consciousness upon which he

was taken to Sadri Hospital. There, they told the doctor that

Jeewa had been hit by a bull because the incident was their

internal family affair. Jeewa was treated in the hospital for two

days but he did not recover and passed away at night. Thereafter,

Rataram approached the Police Station and lodged the FIR with

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[CRLAD-165/2021]

the above allegations. The accused Dudiya absconded immediately

after the incident. The dead body of Shri Jeewa was subjected to

postmortem at the Primary Health Centre, Bali and the medical

jurist issued a postmortem report opining that cause of death of

Shri Jeewa Ram was coma as a result of head injury. On opening

the scalp, the doctor noticed extradural haematoma on left fronto

parietal lobe of the brain with fracture of right partietal bone

admeasuring 5 x 1/2 inches long starting middle (top) coming

towards right ear, both the tables of bone fractured.

Statement of the appellant herein was recorded under

Section 161 Cr.P.C. during the course of investigation and she

gave positive evidence to the effect that she saw her brother-in-

law Dudiya assaulting her husband with a lathi. Her husband

became unconscious and fell down on the spot. His mother-in-law

and other family members convinced her that it was a family affair

and that Jeewa would recover and thus, they should not file a

report. Jeewa was taken to the hospital and there too, a false

inform