NAGAMMA Vs. LAXMI AND ORS

JUDGEMENT

(1.) The complainant has f i led this appeal against the judgment of acquittal of respondents for offences punishable under Sections 324, 504, 506 read with Section 34 of the Indian Penal Code.

(2.) The complainant had lodged a complaint under Section 200 of the Code of Criminal Procedure against respondents al leging of fences punishable under Sections 324, 504, 506 of the Indian Penal Code. The complaint was referred to jurisdictional pol ice off icer for investigation under Section 156(3) of the Code of Criminal Procedure. The investigating off icer submitted f inal 'B' Report. Thereafter, protest petition was f i led and sworn statement of complainant in the form of an aff idavit was f iled, on the basis of which, learned Magistrate took cognizance of offences under Section 324, 504, 506 read with Section 34 of the Indian Penal Code and issued summons to accused.

(3.) After the appearance of accused, learned Magistrate posted the case for recording evidence before charge by fol lowing procedure under Chapter XIX-B of the Code of Criminal Procedure. The complainant instead of giving evidence as required under Section 244 of the Code of Criminal Procedure f i led her aff idavit in l ieu of examination in chief. Similarly, af f idavits of witnesses namely, Laxmi Devu Mukri, Suresh Devu Mukri and Devu Narayan Mukri were f i led. The accused was not called upon to cross-examine them.