SUMAN Vs. PURAN CHAND

JUDGEMENT

(1.) In challenge in the instant revision petition filed under Section 397/401 of the Code of Criminal Procedure (for short referred to hereafter as 'the Code') is the judgment and order dated 18.6.1998 passed by the learned Additional Sessions Judge No.1, Sri Ganganagar in Criminal Appeal No.40/1996 interfering with the conviction of the respondents no.1 to 4 under Sections 406 and 498A I.P.C. and consequently the sentence of six months' simple imprisonment and a fine of Rs.5,000/-, in default to further undergo one month's simple imprisonment, as recorded by the trial court vide its judgment and order dated 26.2.1996 rendered in Regular Criminal Case No.301/1992.

(2.) I have heard learned counsel for the parties.

(3.) A complaint was filed by the petitioner before the learned trial court on 25.2.1992 alleging illicit relationship between her husband, the respondent no.1, and his sisterin-law, the respondent no.4, and criminal breach of trust vis-a-vis her properties received as dowry/stridhan which she had entrusted to the respondents. She further alleged that on her objections to the unaccepted relationship between her husband and his sister-in-law, she used to be assaulted and abused and was eventually ousted from the matrimonial home declaring that she would be accommodated thereat in future only if she returns with further dowry. The learned trial court caused an investigation to be made into the complaint through the Chunawar Police in course of which the complaint was registered as F.I.R. No.24/1992 and on the completion of such investigation, a charge-sheet was laid against these respondents under Sections 406 and 498A IPC. The respondents having denied the charge, trial followed, in which the petitioner examined herself and her witnesses in support of the allegations. The learned trial court by judgment and order dated 26.2.1996 convicted the respondents no.1 to 4 under both the provisions of law and sentenced them as above. The learned lower appellate court having acquitted them by the impugned judgment and order, the petitioner/complainant is before this Court for redress.