(1.) Being aggrieved and dissatisfied by the judgment and order dtd. 18/10/2005 passed by the learned Judicial Magistrate First Class, Karjan in Criminal Case No.151/2000 holding acquittal of the accused persons, the State has preferred the appeal under Sec. 378 (1) (3) of the Criminal Procedure Code .
(2.) The factual matrix of the complaint is that the complainant is staying at Village Haldarva, Taluka - Karjan with parents and two minor children. The marriage of the complainant had taken place with one Mr.Amarsing Lallubhai Solanki on 21/5/1995 and thereafter, she was staying with her husband in joint family, where complainant's husband, mother-in-law Jadaben, brother-in-law, sister-in-law Gangaben, brother- in-law Dineshbhai were residing. It is contended that during the matrimonial life, she had got one son Mehul and daughter Priyanka. It is also stated in the complaint that the complainant has not brought anything dowry and the parents have not given any article or cash and the husband used to ask for Rs.25,000.00 and the husband, mother-in-law, brother-in-law, sister- in-law, uncle-in-law had started torture and had started about bringing the amount of Rs.25,000.00.
(3.) Learned Judicial Magistrate First Class, Karjan issued process under Sec. 156 (3) of the Criminal Procedure Code and thereafter, the statements of the witnesses were recorded and as there was sufficient evidences and therefore, the charge-sheet was filed for the offences punishable under Ss. 498(A) , 504 , 506(2) and 114 of the Indian Penal Code. Ultimately, the learned Judicial Magistrate First Class Karjan acquitted the accused persons. Against which, the State has preferred the appeal on various grounds and nut-shell, learned Judicial Magistrate First Class Karjan has not appreciated the evidence properly and not in accordance with the settled principle of law and therefore, the same order be quashed and set-aside.
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