HIRALBEN PARESHKUMAR SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant is the original accused. She had filed complaint of cruelty punishable under Section 498-A of the IPC, besides other offences against respondents No. 2 to 4. Respondents no. 2 to 4 are the relatives of deceased husband of the applicant who was murdered. In the trial that was conducted by learned JMFC, Borsad, it was found that no evidence is produced on record. Hence all the accused were acquitted by judgement dated 25.4.2003. Against the said decision, applicant has approached this Court in the said revision application.

(2.) Learned advocate for the applicant submitted that the applicant had given application for transferring the case from the concerned Judge. On such application which was filed on 24.3.2003, learned Judge had also issued notice on 23.4.2003. In the meantime, before the trial Court applicant had moved an application dated 17.3.2003 and requested that the case is being conducted with undue haste and she would therefore, like to move a transfer application. This application was turned down. She was compelled to give her evidence which she refused. Counsel therefore, submitted that without a proper trial, accused have been acquitted.

(3.) Learned counsel for the original accused submitted that despite sufficient opportunity, no evidence was produced. Court should therefore, not interfere with the decision of learned Magistrate.