The importance of material documents and the consideration of additional evidence for a just decision.

P.S. Rana, Judge.

Present criminal revision petition is filed against order passed by learned Additional Sessions Judge Ghumarwin District Bilaspur H.P. Camp at Bilaspur in Criminal Appeal No. 43-10 of 2011 whereby learned Appellate Court affirmed order of learned Judicial Magistrate Ghumarwin District Bilaspur H.P. dated 17.8.2011 announced in case No.3/3 of 2011/2010 under Section 12 of Protection of Women from Domestic Violence Act 2005. Brief facts of the case:

2. Asha Devi aggrieved person through Protection Officer filed application before Judicial Magistrate under Section 12 of Protection of Women from Domestic Violence Act 2005 against revisionists pleaded therein that non-revisionist was beaten in her matrimonial house. It is further pleaded that dowry was also demanded by revisionists from non-revisionist. Relief under Sections 18, 19, 20, 21 and 22 of Protection of Women from Domestic Violence Act 2005 sought.

3. Per contra response filed on behalf of revisionists pleaded therein that aggrieved person namely Smt. Asha Devi has number of time given beatings to revisionist No.1 and kept revisionist No.1 inside the room by bolting door from outside. It is further pleaded that non-revisionist brought dowry articles along with her to her parental house. It is further pleaded that nonrevisionist has no cause of action to file the application under Protection of Women from Domestic Violence Act 2005. It is further pleaded that non-revisionist is estopped to file application by her own acts, conducts, omissions and commissions. Prayer for dismissal of application sought.

4. Learned trial Court framed following points for determination:-

1) Whether Smt. Asha Devi is legally wedded wife of Suman Kumar as alleged? OPA.

2) Whether Smt. Asha Devi is entitled for the reliefs claimed under Sections 18 to 22 of the Act as alleged? OPA.

3) Whether application is not maintainable in the present form as alleged? OPR. 4) Final order.

5. Learned Trial Court decided points No. 1 and 2 in affirmative and decided point No.3 in negative. Learned Judicial Magistrate granted compensation to the tune of Rs. 3000/- (Rupees three thousand) and also granted maintenance allowance of Rs. 1000/- (Rupees one thousand) per month to aggrieved person Smt. Asha Devi from Suman Kumar co-revisionist. Learned Judicial Magistrate further directed that SHO Police Station Ghumarwin would implement the order of the Court.

6. Feeling aggrieved against the order passed by learned Judicial Magistrate 1st Class Ghumarwin revisionists filed appeal under Section 29 of Protection of Women from Domestic Violence Act 2005 and learned Additional Sessions Judge Ghumarwin District Bilaspur camp at Bilaspur dismissed the appeal.

7. Feeling aggrieved against the order passed by learned Trial Court and affirmed by learned First Appellate Court revisionists filed present criminal revision petition.

8. Court heard learned Advocates appearing on behalf of revisionists and non-revisionist and Court also perused entire record carefully.

9. Following points arise for determination:

1) Whether criminal revision petition is liable to be accepted as mentioned in memorandum of grounds of revision petition?

2. Final order.

10. Findings upon point No.1 with reasons:

10.1 CW-1 Asha Devi has stated that she was married with Suman Kumar in the month of November 2009. She has stated that she was kept properly for one month after marriage in her matrimonial house and thereafter revisionists namely Suman Kumar, Salochna and Satya Devi started beating her and also harassed her and demanded dowry. She has stated that she was not provided proper maintenance, proper food and clothes in her matrimonial house. She has stated that she informed her parents and complaint was filed in police station. She has stated that compromise was executed in police station and revisionists assured that they would not beat non-revisionist and would keep nonrevisionist in her matrimonial house in a proper manner. She has stat