KRISHNA Vs. BRIJ LAL ETC

JUDGEMENT

(1.) This application under Section 378(4) of the Code of Criminal Procedure for grant of leave to appeal has been filed by Krishna against the judgment of acquittal of her husband Brij Lal, his mother, father and sister passed by the learned Judicial Magistrate 1st Class, Hisar, dated March 21, 2006.

(2.) The complainant had filed the complaint alleging that she was married to Brij Lal on February, 24, 1995 and had two children who were in her custody. At the time of marriage, she had been given presents that had been delivered to the accused, these presents were her is tridhan. However, the articles mentioned in the list annexed with the complaint were misappropriated by the accused. When the accused refused to hand over her articles to her, she filed the complaint under Section 498A and 406/34 IPC. After leading preliminary evidence, the accused were summoned under Sections 498A/406 IPC. Charges were framed against them to which they pleaded not guilty and claimed trial/

(3.) At the trial, the accused had produced judgments and orders which showed that the complainant had remained non-cooperative and had refused to join or accompany her husband Brij Lal inspite of her efforts made by the Court. She has also been declined maintenance under Section 125 Cr.P.C. and decree of divorce was passed against her due to her attitude. Furthermore, it was held that she has failed to prove the entrustment of the articles to the accused. She had also failed to produce receipts regarding the purchase of articles mentioned in the list. The Court held that the accused could not be convicted solely on the basis of the oral evidence of the complainant, which could not be trusted in the absence of cogent and convincing corroborating evidence.