SMT. KRISHNA Vs. BRIJ LAL

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.) TAKING all these facts into consideration, the learned Magistrate held that no offence was made out against the accused and consequently they were acquitted. 5. The learned Magistrate had taken a plausible view which was neither irrational nor perverse. No ground for interference with the decision arrived at by the trial Court has been made out.