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2001 DIGILAW 703 (MP)

Shakuntala Bai v. Tulsi Bai

2001-09-26

RAJEEV GUPTA

body2001
JUDGMENT This is complainant's revision petition against the impugned judgment of acquittal dated 26.7.2001, passed by Chief Judicial Magistrate, Dindori in Criminal (original) Case No. 1447/94, whereby though accused Ishwar Das was convicted under sections 323, 326, 452 and 506B, IPC, with sentences of rigorous imprisonment for 3 months, rigorous imprisonment for 2 years and 6 months and fine of Rs. 200/-, rigorous imprisonment for 1 year and fine of Rs. 100/- and rigorous imprisonment for 3 months respectively, but his wife respondent No.1 Smt. Tulsi Bai was acquitted of all the charges framed against her. A perusal of the impugned judgment reveals that the trial Court, on a close scrutiny of the evidence of PW 1 Shakuntala Bai and PW 2 Kusum Bai, arrived at the conclusion that the evidence of these two eye-witnesses was highly discrepant so far as the involvement of respondent Tulsi Bai in the incident of assault was concerned. The trial Court, therefore, found it quite unsafe to act upon their evidence so far as it was against accused Tulsi Bai. The trial Court, therefore, recorded acquittal of accused Tulsi Bai of the charges framed against her. The Apex Court, while considering the scope of interference in a complainants revision petition in the case of K. Chinnaswamy Reddy v. State of Andhra Pradesh and another, reported in AIR 1962 SC 1788 observed in para 7: "7. It is true that it is open to a High Court in revision to set aside an order of acquittal even at the instance of private parties though the State may not have thought fit to appeal; but this jurisdiction should in our opinion be exercised by the High Court in exceptional cases, when there is some glaring defect in the procedure or there is a manifest error on a point of law and consequently there has been a flagrant miscarriage of justice...." On due consideration of the submissions of the learned counsel for the petitioners-complainants, this Court is satisfied that the findings recorded by the trial Court leading to the acquittal of respondent accused Tulsi Bai do not suffer from any such infirmity which may warrant interference by this Court in this complainants revision against acquittal. In this view of the matter, the revision petition fails and is hereby dismissed.