Akhtar Bano vs Yakub Khan
2022 Latest Caselaw 12835 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
             S.B. Crml Leave To Appeal No. 206/2022

Akhtar Bano W/o Yakub Khan D/o Manphool Khan, Aged About
33 Years, R/o Bhadra At Present R/o Ward No. 21 Jogiaasan
Nohar Ps Nohar Dist. Hanumangarh Raj.
                                                                     ----Appellant
                                    Versus
1.      Yakub Khan S/o Shyokat Khan, R/o Ward No. 5 Kumaharo
        Ki Badi Kayamkhani Mohalla Bhadra Ps Bhadra Dist.
        Hanumangarh
2.      State Of Rajasthan, Through Pp
                                                                  ----Respondents


For Appellant(s)          :    Mr. Deen Dayal Chitlangi
For Respondent(s)         :    Mr. Mukhtiyar Khan, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

01/11/2022

     Learned    counsel       for   the     appellant           submits   that   the

matrimonial cruelty was writ large in the allegations made in the

statements before the learned trial court, therefore, the criminal

leave to appeal against the acquittal deserves to be allowed and

be converted into a regular appeal for final hearing.

     This Court takes note of the fact that the impugned

judgment passed by learned trial court has dealt with detail, about

the incident and more particularly, was influenced by the fact that

during cross-examination, the wife had admitted that she has

already entered into second marriage with Iqbal S/o Mehboob

Khan.




                    (Downloaded on 02/11/2022 at 08:29:45 PM)
                                                                           (2 of 2)                 [CRLLA-206/2022]



                                         The learned trial court has also effectively dealt with the

                                   injury part of the case, which is not supported by any medical

                                   evidence so much so that even the sole doctor i.e. Dr. Dilawar

                                   after examination, has not supported the injury part of it.

                                         This Court does not find any relevant issue, which has not

                                   been dealt with by the learned trial court, which would require any

                                   further consideration.

                                         Consequently, the present criminal leave to appeal is

                                   dismissed.

                                                                (DR.PUSHPENDRA SINGH BHATI), J.

115-/nirmala

Powered by TCPDF (www.tcpdf.org)