SANTOSH RANI Vs. SURESH AND OTHERS

JUDGEMENT

(1.) THE present application under Section 378(4) read with Section 482 Cr.P.C. has been filed for grant of leave to file appeal against judgment of acquittal dated 16.4.2013 passed by Chief Judicial Magistrate, Hisar, whereby, the respondents have been acquitted of the charges by the trial Court. Briefly, the facts of the case are that the applicant has filed a complaint on the allegations that her marriage was performed with respondent No. 1 on 27.12.1996. Sufficient dowry was given to respondents No. 1 to 3 at the time of marriage and an amount approximately ' six lacs was spent by her father on her marriage. After the marriage, the applicant was harassed by the respondents by raising demand of dowry and for that reason only she was given beatings by the accused persons on various dates and finally on 10.5.1997 she had been thrown out of her matrimonial home. It was also mentioned in the complaint that on 6.12.1997 when the accused persons visited the house of applicant, they demanded a sum of ' one lac and when she and her father had shown their inability in giving the amount, the accused persons had beaten the applicant in the presence of her father. Thereafter, the applicant had approached the police authorities but when no action was taken and the applicant was forced to file a complaint under Section 156(3) Cr.P.C.

(2.) THE police authorities thereafter investigated the matter and filed cancellation report against the accused persons. Feeling dissatisfied with the cancellation report, the applicant wanted to lead preliminary evidence but her request was declined by learned JMIC, Hisar vide order dated 10.10.2000. The applicant challenged the order by way of filing revision petition before learned Additional Sessions Judge, Hisar, which was allowed and order passed dated 10.10.2000 passed by learned JMIC, Hisar was set aside. Thereafter preliminary evidence was recorded and the respondents were summoned by learned JMIC, Hisar vide order dated 17.9.2002 for commission of offence punishable under Sections 498 -A, 406, 506 and 120 -B IPC.

(3.) ON appraisal of evidence, the accused persons were acquitted of the charges by Chief Judicial Magistrate, Hisar vide order dated 16.4.2013, which is subject matter of challenge in the present petition.