SHAKUNTALA BAI Vs. TULSI BAI

JUDGEMENT

(1.) THIS is complainant's revision petition against the impugned judgment of acquittal dated 26.7.2001, passed by Chief Judicial Magistrate, Dindori in Criminal (original) Case No. 1447/94, whereby though accused Ishwar Das was convicted under sections 323, 326, 452 and 506B, IPC, with sentences of rigorous imprisonment for 3 months, rigorous imprisonment for 2 years and 6 months and fine of Rs. 200/ , rigorous imprisonment for 1 year and fine of Rs. 100/ and rigorous imprisonment for 3 months respectively, but his wife respondent No. 1 Smt. Tulsi Bai was acquitted of all the charges framed against her.

(2.) A perusal of the impugned judgment reveals that the trial Court, on a close scrutiny of the evidence of PW 1 Shakuntala Bai and PW 2 Kusum Bai, arrived at the conclusion that the evidence of these two eye witnesses was highly discrepant so far as the involvement of respondent Tulsi Bai in the incident of assault was concerned. The trial Court, therefore, found it quite unsafe to act upon their evidence so far as it was against accused Tulsi Bai. The trial Court, therefore, recorded acquittal of accused Tulsi Bai of the charges framed against her.

(3.) ON due consideration of the submissions of the learned counsel for the petitioners complainants, this Court is satisfied that the findings recorded by the trial Court leading to the acquittal of respondent accused Tulsi Bai do not suffer from any such infirmity which may warrant interference by this Court in this complainant's revision against acquittal. In this view of the matter, the revision petition fails and is hereby dismissed.