SUMITRA Vs. BUDHA RAM & ORS

JUDGEMENT

(1.) Budha Ram @ Mahendra, his parents Smt. Pani and Kishan Lal and his grand-mother, Smt. Mangi Bai were tried for commission of offences under Secs. 498-A and 323 IPC and were vide his judgment dated 14.7.1993 acquitted by Shri Govind Ram Gupta then Additional Chief Judicial Magistrate No. 4 Jodhpur. Aggrieved by this acquittal Smt. Sumitra, who was the complainant in the case, has directed the instant revision petition.

(2.) The facts in brief are that Smt. Sumitra complainant and Budha Ram accused were married in the year 1990. The case of the complainant who lodged the FIR (registered pursuant to her criminal complaint made on 5.9.93) was that her husband, his parents and his grand-mother arrayed as the accused had made demands for additional dowry and had on that account belaboured her at times thereby subjecting her to cruelty. After the accused pleaded not guilty to the charge under Secs. 498A and 323 IPC, the prosecution examined eight witnesses. In their statements at the close of the prosecution case the accused denied the allegations made against them. Out of them Budha Ram appeared as D.W. 1. After hearing the sides the Additional Chief Judicial Magistrate No. 4, Jodhpur, as afore-noticed, vide his judgment under revision acquitted the accused now respondents.

(3.) The parties have been heard. The argument by the learned counsel for the petitioner in sum and substance is that the verdict of the trial court was entirely untenable as the evidence adduced proved the guilt of the accused now respondents to the hilt while the argument by the learned counsel for the respondents is that the decision of the trial court was correct and, therefore, deserves to be upheld.