JUDGMENT 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 Sections 498-A & 323 Indian Penal Code 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 5.9.1993) 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 Sections 498-A & 323 Indian Penal Code, 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 DW 1. After hearing the sides the Additional Chief Judicial Magistrate No. 4, Jodhpur, as aforenoticed, 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. 4. I have examined the record. The marriage between the sides undisputedly was solemnised sometime in the year 1990. If the complainant now petitioner is to be believed she was, after a thrashing, booted out of the matrimonial home on 5.5.1992. And yet the criminal complaint that resulted in the registration of the FIR was filed by her as late as on 5.9.1993.
The marriage between the sides undisputedly was solemnised sometime in the year 1990. If the complainant now petitioner is to be believed she was, after a thrashing, booted out of the matrimonial home on 5.5.1992. And yet the criminal complaint that resulted in the registration of the FIR was filed by her as late as on 5.9.1993. Her explanation that she had continued to nourish a hope that there would be patch up between her on the one side and her husband and her in-laws on the other and this had prevented her from making the criminal complaint earlier, is in the circumstances of the case, less than satisfactory and is to be taken with the proverbial pinch of salt. In the FIR belated as it is her version was that a couple of months after the marriage her husband and her in-laws terming the dowry as inadequate had demanded that she should fetch money for them from her parents, a few times she had complied but this had not satiated her husband and her in-laws. In her statement before the Court she gave out that what had been demanded instead was a colour T.V. and an almirah of Godrej make. Corroboration was sought to be lent by her parents, uncle and a female cousin who were produced from the prosecution side at the trial. The defence plea deposed to by Budha Ram accused now respondent as DW 1 is that his mother-in-law wanted him, his wife and their child to live separately from his own family and when he had not fulfilled her wish she had disputed their married life and she in fact was the villain of the tragedy. 5. Upon a weighing and sifting of the evidence adduced and a consideration of the circumstances on the record in their entirety the trial Magistrate in my view had rightly held that the prosecution case was not proved beyond a reasonable doubt and as an upshot acquitted the accused now respondents. No interference with this decision is called for in revision. The revision petition is bereft of merit and is accordingly dismissed.Revision Rejected. *******