RADHAVANI VAIDH Vs. PRAKASH RAO VAIDH

JUDGEMENT

(1.) The present revision is filed against the judgment dtd. 27/12/2012 passed in Criminal Appeal No.154/2012 by the learned 4th Additional Session Judge, Bilaspur (C.G.), whereby the learned Appellate Court below has dismissed the appeal filed by the applicant and confirmed the judgment dtd. 24/11/2011 passed in Criminal Case No.1243/2009 by the learned Judicial Magistrate First Class, Bilaspur (C.G.), whereby the accused/respondents have been acquitted from the offence punishable under Sec. 498-A of IPC.

(2.) Brief facts of the case are that, the Complainant/applicant herein is wife of accused/respondent No.1 and their marriage was solemnized on 9/7/2008. After one month of marriage, accused/respondent No.1 and 2, husband and mother-in-law of complainant/applicant respectively, demanded dowry of Rs.40,000.00, motorcycle, sewing machine and gas stove pressurizing her to go to her parental house and bring the said articles and started beating the Complainant. The accused/respondents 1 and 2 also tortured the complainant mentally and physically. Owing to aforesaid demand of dowry, on 2/11/2008, the Complainant/applicant lodged an FIR against the accused/respondent Nos. 1 and 2 under Sec. 498 (A), 34 of IPC.

(3.) After completion of usual investigation, charge sheet was filed before the jurisdictional Court, who in turn, framed charges against the accused/respondent Nos. 1 and 2 under Sec. 498-A of IPC. Before the learned Court below, prosecution has examined as many as 06 witnesses. Statement of the accused/respondent Nos. 1 and 2 were also recorded under Sec. 313 of the Cr.P.C. The learned trial Court, after appreciating oral and documentary evidence, by judgment dtd. 24/11/2011 acquitted the accused/respondent Nos. 1 and 2 from the ofence punishable under Sec. 498-A of IPC. Being aggrieved by the judgment of acquittal dtd. 24/11/2011, the Complainant/applicant herein filed an appeal before the Court of Sessions and the learned 4th Additional Sessions Judge, by judgment dtd. 27/12/2012, dismissed the appeal of complainant. Hence, this revision by the Complainant/applicant.