The Revisional Court, on examination of the record of the inferior Court, may feel satisfied with the correctness of a finding of fact, as recorded by such inferior Court, if such a finding may reasonably be arrived at on appreciation of evidence relevant to such finding.

1. - This is an application under section 397(3) r/w Section 401 Cr.P.C. against the order dated 12.2.1993 whereby the learned Addl. Sessions Judge Jhalawar set aside the order of the Judicial Magistrate Jhalawar dated 24.4.1991 granting maintenance allowance @ Rs. 300/- p.m. w.e.f. 11.10.1985 under section 125 Cr.P.C. to the applicant Sint. Geeta Bai.

2. Heard the learned counsel for the parties and examined the record of the lower Courts including the impugned order.

3. Ordinarily this Court does not interfere with the exercise of the revisory powers by the Sessions Judge in a matter unless it is satisfied on the examination of the record of the inferior Courts that the learned Sessions Judge had failed to examine the correctness of the findings of his inferior Court in the light of the record of such inferior Court and the circumstances of the case, and has without any justification upset the findings of fact as had been recorded by his inferior Court on appreciation of the evidence on the record of the case. On examining the record of the inferior Courts in this case I feel satisfied that the learned Addl. Sessions Judge was not at all justified in exercise of his powers under section 397(1) r/w Section 399 Cr.P.C. to have upset the findings of fact as recorded by the learned Magistrate after appreciating the evidence led by both the parties before me. The impugned order has therefore, to be set aside.

4. On 11.10.1985 the applicant Smt. Geeta Bai had filed her application under section 125 Cr.P.C. in the Court of the learned Magistrate contending therein that two years back she was married to Chandmal non-petitioner and lived with him at his village Mandawar and at the place of his service at Bhawani Mandi Distt. Jhalawar for about 5 or 6 months and then one day, feeling annoyed with her on some petty matter turned her out of his house taking 250 gms silver and gold ornaments from her, that she sought help from Chandmal's elder brother at Mandawar but got none and thereafter she made several efforts through the husband of her sister at Jhalawar for allowing her to join his company but the non-petitioner did not allow. She had thus contended that the non-petitioner having sufficient means to maintain her refused to do so and deserted her when she had no means to support herself. The non-petitioner had, on the other hand contended, that on the death of his wife he had engaged the petitioner to look after his three children but she left of her own after serving him for two or three months only. He had further stated that the applicant was not his legally married wife but was the legally married wife of NAW No. 2 Ishwar Lal of village Chaurana in Ratlam district of Madhya Pradesh State. Believing the testimony of five witnesses including the applicant herself the learned Magistrate held that the applicant was the legally married wife of Chand Mal non-petitioner who had refused to maintain her despite having sufficient means to do so. Reversing such finding of fact, recorded by the learned Magistrate, the learned Addl. Sessions Judge held that the applicant was the legally married wife of NAW 2 Ishwar Lal and since she had not obtained divorce from him she could not have become the legally married wife of Chand Mal Non-applicant. So as to successfully claim maintenance under section 125 Cr.P.C. from him.

5. Revisory jurisdiction under section 397 Cr.P.C. though disfavours re-appraisal or reap-precaution of the evidence, on the record of the inferior Court, by the Revisional Court yet the exercise of such jurisdiction expects and, in fact, requires it to examine such record for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court. Re-appraisal or re-appreciation of evidence may involve examination of the record but the fundamental distinction between "appreciation" and "examinat