RAMADEVI Vs. ASHOK VYAS

JUDGEMENT

(1.) THIS appeal is preferred by the complainant Smt. Ramadevi Vyas against the judgment dated 23-8-2001 passed by the learned Judicial Magistrate First Class Ratlam in Cr. Case No. 7/94 thereby acquitting the respondent Nos. 1 and 2 from the offence under Section 494 of the Indian Penal Code and the remaining respondent Nos. 3 to 7 from the offence under Section 494 read with Section 109 of the Indian Penal Code.

(2.) THIS Court, vide order dated 7-3-2002 passed in M.Cr.C. No. 4483/2001, granted leave to appeal against the aforesaid judgment of acquittal passed by the learned Judicial Magistrate First Class. However, the appeal was admitted for final hearing only against the respondent Nos. 1 and 2 by order dated 22-4-2002.

(3.) STATEMENTS of the witnesses were recorded and on 20-6-1989, the trial Court took cognizance of the case under Section 494, Indian Penal Code against the respondents Nos. 1 and 2 and under Section 494 read with Section 109, Indian Penal Code against respondents Nos. 3 to 7. Charges were framed against the respondents to which they pleaded not guilty. In their examination under Section 313 of the Code of Criminal Procedure, the respondents stated that a false case has been cooked up against them.