JAYA LALWANI Vs. STATE OF M.P

JUDGEMENT

(1.) THIS appeal, under Proviso to Section 372 of the Code of Criminal Procedure, has been preferred against an appellate order of acquittal passed by the Second Additional Sessions Judge to the Court of the First Additional Sessions Judge, Bhopal (MP) by way of judgment dated 10/3/2011 in Cr. Appeal No.190/2010, The appeal was preferred against judgment dated 15/3/2010 passed by Shri A.K. Singh, Additional Chief Judicial Magistrate, Bhopal whereby each one of therespondent nos. 2 to 5 was convicted under Section 498A of the IPC and sentenced to undergo RI for one year and to pay fine of Rs.500/ - and in default to suffer SI for one month.

(2.) LEGALITY and propriety of impugned acquittal has been questioned primarily on the ground of what has been termed as mis -appreciation of the incriminating evidence on record.

(3.) LEARNED counsel for the appellant has strenuously contended that learned ASJ committed a serious illegality in taking a view different from that of the trial Magistrate. According to him, there was sufficient incriminating evidence to bring home the charge. For this, extensive reference has been made to the sworn testimony of the appellant/complainant Jaya Lalwani (PW1), her mother Madhu Devi (PW2) and brother Deepak Kumar (PW3). While supporting the appellate judgment, learned counsel for the respondent nos.2 to 5 has invited attention to the following facts brought on record -