A revisional application against acquittal is limited; an appellate court's finding should only be overturned if substantial and compelling reasons exist warranting intervention, emphasizing the need for concrete evidence in domestic violence cases.

JUDGMENT :

CHAITALI CHATTERJEE DAS, J.

1. This is an application under Section 401 read with Section 482 of Code of Criminal Procedure 1973 filed by the petitioner/complainant against the judgement and order dated 31st January, 2006 passed by the Learned Additional Sessions Judge Arambagh, Hooghly allowing thereby criminal appeal No. 2 of 2004 acquitting the appellant Kumari Gouri Roy from the charge framed against her under Section 498 -A of Indian Penal Code.

2. The fact of the case of the petitioner in a nutshell is that she was given marriage with one Tinakari Roy on 17^th June, 1990 and at the time of the said marriage a cash of Rs. 35,000/- gold ornaments, utensils and other articles were presented as dowry, pursuant to the demand of her husband sister-in-law, brother-in-law and mother-in-law. Initially up to second year of marriage she received cordial treatment but thereafter she was inflicted with mental and physical torture and was not even provided proper food, on demand of more dowry amounting of Rs. 50,000/- in cash in order to build the first floor of their residential house. The further case of the petitioner is that as she expressed her inability to meet the said demand the extent of torture increased and also her in-laws abated her for committing suicide and because of the severe assault on her ear she lost her hearing ability and her brother also found the torture inflicted upon her. On 24.09.1993 the husband gave an undertakings to maintain his wife properly thereafter again on 29^th of August, 1994 the incident of such torture was reported to the local people and other respectable persons and then the husband Tinkari Roy gave a written undertaking to the effect and he and his other family members would not inflict any further mental or physical torture upon her in future.

3. Again on 31^st May, 1995 her in-laws and her husband abused her in a filthy language and started to assault her. Her husband kicked on her abdomen and the present Opposite Party Gouri Roy also kicked on her chest as a result she fell down on the ground when other accused persons took away the gold ornaments from her person and she was not given any medical aid and was driven away from her matrimonial home along with two minor daughters. On 5^th March, 1996 when her father and brother went to settle the matter amicably they were also driven away by the accused persons and the husband expressed unwillingness to pay a single fathering for maintenance of the wife and her two minor daughters.

4. On the basis of such complaint the case was started being Arambagh P.S. Case No 54 dated 16.3.96 under Section 498 A/323/326/307/506 of the Indian Penal Code and on completion of investigation the charge-sheet was submitted by the police on 31.7.1996 under A/323/506 of the Indian Penal Code and subsequently before the Learned Court where charge was framed under A/506 IPC to which they pleaded not guilty and claimed to be tried.

5. The prosecution, in order to bring home the chargescited seven witnesses and also filed certain documents and after assessing the materials produced before the Court the Learned Judicial Magistrate at Arambagh, then SDJM Arambagh Hooghly by his judgement and order dated 20.11.2004 passed the order of conviction against the husband of the present petitioner Tinkari Roy and sister-in-law namely Kumari Gouri Roy for the offence under Section 498 -A of the Indian Penal Code in G.R. case No. 113 of 1996 and sentencing them to suffer Rigorous Imprisonment for 2 years each with a fine of Rs. 2000/- each in default to suffer simple imprisonment for one month more. Other four a