SUNITA Vs. STATE AND ORS.

JUDGEMENT

(1.) This revision petition has been filed against the order dated 31.3.2008 passed by learned Addl. Sessions Judge (FT) No.1, Jaipur city, Jaipur in sessions case no. 6/2006 whereby he has acquitted the respondents for the offence under Sections 498A, 406 and 328 & alternatively 328/34 IPC.

(2.) Briefly stated facts of the case are that the complainant-petitioner has submitted a complaint on 1.7.2004 before Civil Judge (JD) & Judl. Magistrate No.13, Jaipur city, Jaipur against the respondents alleged that marriage of petitioner was solemnized with respondent Ramesh Kumar on 21.4.2003 and in the marriage, sufficient dowry was given. The said complaint was sent for investigation under Sec. 156(3) Crimial P.C. And on the basis of the complaint, FIR No.83/2004 was registered at P.S. Mahila Thana (North) on 7.7.2004 for offence under Sec. 498A, 406 and 328 IPC. The police after completing the investigation, filed charge-sheet against the respondents. The court below committed the case to the court of sessions as the Sec. 328 in which the police filed charge-sheet was triable by session. The case was transferred to the court below for trial. The court below after hearing arguments, framed the charges for offence under Sections 498A, 406 and 328 Penal Code and alternatively 328/34 IPC. The charges were read over to respondents, to which they denied and claimed to be tried. On behalf of prosecution, as many as 16 witnesses were examined and certain documents were exhibited. Statement of accused were recorded under Sec. 313 Crimial P.C. After hearing the parties, the learned trial court acquitted the respondents vide order dated 31.3.2008.

(3.) Against the said order dated 31.3.2008, this revision petition has been filed.