PARVEEN Vs. STATE OF RAJASTHAN & ANR

JUDGEMENT

(1.) The instant revision petition has been preferred by the petitioner Parveen d/o Babu Khan, r/o Madina Masjid -ke-pass, District Bikaner against the order dated 31.03.2006 passed by the learned Addl.District & Sessions Judge No.2, Bikaner in Sessions Case No.25/2003 (219/1996 ) where by the learned Judge acquitted Mohd.Umar s/o Sadiq Mohd., respondent No.2, from the offence under section 324 and 498A IPC.

(2.) The brief facts giving rise to the present revision petition are that the complainant- petitioner Parveen submitted a report, before the SHO, Police Station, City Kotwali, Bikaner alleging therein that she had been married to Mohd.Umar five years' back and on 16.02.1996 at about 12.00 noon she wanted to take bath and was planning to go to her parental house but her husband Mohd.Umar and her mother-in-law Hanifa did not allow her to take bath and her in-laws kicked her with a demand of more dowry and told her to bring money from her parental house in order to purchase a taxi. Then her husband put her in a room , poured oil on her and lit fire and her in-laws also poured oil on her. Her brother came and took her to the hospital where her statement was recorded by the Magistrate. On the basis of this report, police registered FIR No.20/96. The police after usual investigation, filed charge sheet for offence under section 324 and 498A IPC in the court of Judicial Magistrate, Bikaner. The Judicial Magistrate , Bikaner vide his order dated 08.02.2001 convicted the accused respondent No.2 Mohd.Umar under section 324 and 498A IPC and sentenced him to six months' simple imprisonment under section 324 IPC and one year's simple imprisonment and a fine of Rs.1,000/- under section 498A IPC and in default of payment of fine, to further undergo one month's simple imprisonment. Both the sentences were ordered to run concurrently. Aggrieved by the order of the learned Judicial Magistrate, Bikaner dated 08.02.2001, the accused respondent No.2, Mohd. Umar, preferred an appeal before the learned Addl.Sessions Judge No.2, Bikaner, who, vide his order dated 31.03.2006, acquitted the accused respondent No.2 Mohd.Umar from the offence under section 324 and 498A IPC. Aggrieved by the order of the learned Addl.Sessions Judge No.2, Bikaner dated 31.03.2006 the complainant -petitioner has preferred this revision petition.

(3.) I have heard the rival contentions and perused the record.