The Court upheld the trial Court's acquittal, emphasizing evidence credibility and contradictions within the appellant's claims.

JUDGMENT

The Criminal Appeal is directed against the judgment dated 03.06.2013, passed in C.C.No.78 of 2013, on the file of the Judicial Magistrate Court, Avinashi.

2.By way of the abovesaid judgment, the Judicial Magistrate, Avinashi, has held that the accused /respondents 1 to 3 had not committed the offences punishable under Sections 324 & 498-A IPC and acquitted them of the charges put forth against them by the 4th respondent.

3.The 4th respondent has laid the final report against the respondents 1 to 3 and the husband of the appellant viz., Muthukumarasamy for the offences punishable under Sections 324 & 498-A IPC.

4.Briefly stated, according to the 4th respondent, the husband of the appellant, who had been arrayed as A1 in the final report and the respondents 1 & 2, who are the in-laws of the appellant and arrayed as A2 & A3 and the third respondent being the sister of the second respondent and arrayed as A4 and according to the 4th respondent, the marriage between A1 and the appellant took place in the year 1994 as per the Hindu Customs at Ramar temple, Vadakkukadu, Nagoor and at the time of marriage, 30 sovereigns of Gold and Rs.20,000/- cash was presented as sridhana by her parents and thereafter, the appellant and her husband lived as a joint family in Vadavalli Village, Palladam Taluk. Not content with the jewels and cash given as dowry, the appellant's husband and others subjected the appellant to cruelty and harassment by demanding dowry and on 26.07.2001 at about 8 hours, A1 & A2 assaulted the appellant by making unlawful demand of Rs.1,00,000/- and 20 sovereigns of Gold as dowry and drove out her from the matrimonial home and in that connection, the case had been lodged by the appellant in C.C.No.197 of 2001, which is pending trial and on 24.11.2002, A1 and the appellant had compromised and reunited and spent a peaceful life for about two months. On 23.01.2003 at about 7.00 hours, A1 along with A2 and A3 assaulted the appellant demanding her signature for divorce and A1 bite the appellant on the centre of her chest and A3 assaulted the appellant on her head using Arivalmanai and A2 & A4 caught her hands and legs and assaulted and thereby, the appellant's movements had been curtailed and the accused had caused multiple injuries on the appellant and thus, the accused A1 to A4 had committed the offences punishable under Sections 324 & 498-A IPC.

5.The abovesaid final report was taken on file by the Judicial Magistrate, Avinashi and after furnishing the copies of the documents to the accused, framed charges against them and the accused, on being questioned with reference to the same, had denied the charges put forth against them.

6.To sustain the charges levelled against the accused, PWs1 to 13 were examined and Exs.P1 to 7 were marked and MO1 has been marked. After the conclusion of the prosecution evidence, the accused were examined under Section 313 Cr.P.C qua the incriminating evidence tendered against them by the prosecution witnesses and the accused had denied the same. On the side of the accused, no oral and documentary evidence has been adduced and no M.O has been marked.

7.From the materials placed on record, it is found that the case, as against the appellant's husband, had been split up and the case proceeded only against the respondents 1 to 3, who are arrayed as A2 to A4 and finally, the judicial Magistrate, Avinashi, had acquitted the respondents 1 to 3 of all the charges put forth against them. Impugning the same, the appeal has been preferred by the appellant.

8