MANJU KADAM Vs. SURENDER KADAM

JUDGEMENT

(1.) PETITIONER is the complainant/first-informant of the FIR No.250/1995 under Sections 406/498A of IPC registered at P.S. Prasad Nagar, Delhi. She is aggrieved by trial court's judgment of 29 th January, 2003 vide which respondent-accused has been acquitted.

(2.) CHALLENGE to the impugned judgment by learned counsel for petitioner is on the ground that the findings returned in the impugned judgment are contrary to the evidence on record. During the course of the hearing, learned counsel for petitioner had drawn the attention of this Court to the deposition of petitioner herein, who had deposed as PW-1 before the trial court and also to the deposition of Ramesh (PW-4), who is brother of petitioner, to submit that from their deposition, the ingredients of the offence under Sections 406/498A of IPC are firmly established and their deposition has been erroneously discarded by the trial court on the wrong assumption of there being discrepancies in their deposition.

(3.) AT the hearing, learned counsel for respondents No.2 and 3-accused persons while supporting the impugned judgment had submitted that there is no illegality or infirmity in the impugned judgment warranting retrial. It was pointed out by learned counsel for respondents No.2 & 3- accused persons that petitioner-complainant (PW-1) has categorically deposed that she had not demanded back the remaining dowry articles from respondents-accused persons and so, no offence under Section 406 of IPC is made out.