JUDGMENT :

Shampa Dutt (Paul), J.

The Appeal :

1. The present appeal against acquittal is against the Judgment and Order dated 28.01.2019 passed by the Learned Judicial Magistrate, 1st Court, Jalpaiguri in G.R. Case No. 2826/2008, arising out of Bhaktinagar Police Station Case No. 1124/2008 dated 27.06.2008, acquitting the respondent nos. 2 to 5 of the charges framed under Section 498A of the Indian Penal Code.

2. The petitioner states that the petitioner is the de facto complainant of the instant case and a victim within the meaning of Section 2(wa) of the Code of Criminal Procedure and during the course of trial, she deposed as PW2.

3. The appeal was admitted on 15.07.2019.

4. On the basis of a written complaint lodged by the petitioner, Bhaktinagar Police Station Case No. 1124/2008 dated 27.06.2008 under Section 498A of the Indian Penal Code was started against the respondent nos. 2 to 5.

5. On conclusion of investigation, the Investigation Agency submitted Charge Sheet being Charge Sheet No. 681/2008 dated 23.08.2008 under Section 498A of the Indian Penal Code against the respondent nos. 2 to 5.

6. In course of trial, the prosecution examined 12 witnesses and also exhibited formal docu