BINDU KUMARI Vs. STATE OF J & K

JUDGEMENT

(1.) This Revision petition has been filed by the complainant-Bindu Kumari against an order of acquittal recorded by the Chief Judicial Magistrate, Raman (hereinafter referred to as 'the trial court'), whereby the accused-respondents have been acquitted vide judgment dated 31.10.2018.

(2.) The respondent-accused were put to trial before the learned trial Court on the basis of a complaint of the petitioner for the offences punishable under Section 325/336/341/147/504/406 RPC Initially, a charge-sheet was filed against them for offences punishable under Sections 307/341/147/336/504/506 RPC before the Magistrate and the case was committed to the Court of learned Sessions Judge, Ramban. The learned Sessions Judge, Ramban discharged the accused for offence punishable under Section 307 RPC, however, framed charges against the accused for offences punishable under Sections 325/336/341/147/504/506 RPC vide order dated 16.04.2015. The case was thereafter sent to the trial court for trial.

(3.) The trial court recorded the plea of the accused. They pleaded not guilty and claimed trial. The trial Court recorded the statements of the prosecution witnesses, namely, Bindu Devi-complainant, Madan Lal, Sher Singh, Mohd. Afzal, Dhrupti Devi, Krishan Lal, Zahoor Ahmed. After recording statement of the accused under Section 342 Cr.P.C., the trial court acquitted the accused, holding that the prosecution has failed to prove its case against them beyond doubt. The trial Court, while acquitting the accused vide judgment impugned, has made following observations.