HAJRABAI MAMAD Vs. HASAM UMAR SAP

JUDGEMENT

(1.) THE petitioner original complainant has preferred this criminal revision application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Cr. P.C.') and challenged the judgment and order of acquittal passed by the learned J.M.F.C., Mandvi on 28 -6 -2001 in Criminal Case No. 1207 of 1997 whereby the respondents No.1 to 3 were acquitted for the offences punishable u/s 498(A) and 114 of the I.P. Code.

(2.) THE petitioner was married to the respondent No. 1 on 27 -7 -1993 according to the Muslims rights. The respondent No. 2 is her mother -in -law and respondent No.3 is her sister -in -law (Jethani i.e. wife of elder -brother of husband). According to the prosecution case, the petitioner was kept well for about 5 ? months after the marriage. But thereafter the respondents No. 2 and 3 started passing taunting remarks that she was not doing house -hold work properly and were instigating respondent No.1 who used to inflict physical cruelty. Lastly on 29 -1 -1994 the petitioner was driven out of the house after inflicting physical cruelty and thereafter she came to her parental house and the respondent No.1 went abroad. The petitioner made application for settlement in Permanent Lokadat but the dispute could not be resolved and therefore the complaint was filed against the respondents No.1 to 3.

(3.) ON the basis of the complaint filed by the petitioner before Mandvi Police Station, offence was registered as I CR No. 111 of 1997 and investigation was started. On completion of investigation charge sheet was laid before the learned J.M.F.C., Mandvi. The case was registered as Criminal Case No.1207 of 1997. Learned Magistrate framed charge at Exh. 10 against the accused respondents No. 1 to 3 for the aforesaid offences who pleaded not guilty to the charge and claimed to be tried. Therefore, the prosecution adduced evidence to prove the charge. On completion of recording of evidence, further statements of the accused respondents No.1 to 3 were recorded u/s 313 of the Cr. P.C. After hearing learned A.P.P. and learned advocates for the accused -respondents No.1 to 3, the learned Magistrate came to the conclusion that the prosecution has failed to prove the charge and therefore acquitted the accused respondents No. 1 to 3. Being aggrieved by the said decision, the petitioner has preferred this criminal revision application.