Dhapu Devi vs State
2021 Latest Caselaw 17147 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Criminal Appeal No. 476/2020 Dhapu Devi W/o Gopa Ram, aged about 50 years, By caste Damami, R/o Near Dev Narayan Mandir, Ganda Nala, Bhagat Ki Kothi, Jodhpur.

----Appellant Versus

1. State of Rajasthan

2. Satya Narayan @ Satya Dev S/o Shri Chunni Lal, By caste Damami, R/o Village Mokalawas, Tehsil Luni, District Jodhpur.

----Respondents

For Appellant(s) : None present For Respondent(s) : Mr. Laxman Solanki, P.P.

HON'BLE MR. JUSTICE RAMESHWAR VYAS Order 16/11/2021

The instant appeal under Section 378 Cr.P.C. has been filed

by the complainant-appellant against the Judgment and Order

dated 17.01.2020 passed by Additional Sessions Judge (Women

Atrocities Cases), Jodhpur Metro, Jodhpur, whereby the accused-

respondent No. 2 was acquitted from the offence under Section

304-B I.P.C. in alternate Section 302 I.P.C.

As per Rule 55 of the Rules of the High Court of Judicature

for Rajasthan, 1952, this appeal is not maintainable before the

Single Bench as the offence under Section 302 I.P.C. prescribes

punishment of either Death Sentence of Life Imprisonment.

The appeal is, accordingly, disposed of. However, the

appellant is at liberty to avail the remedy under the law, before

the appropriate bench.

(RAMESHWAR VYAS),J

34-Inder/-

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