Harsh Kumar, J. - (1.) Heard Sri Brahm Prakash Mishra, learned counsel for the appellant, learned AGA for the State and perused the record.
(2.) The present application has been moved for leave to file appeal against the impugned judgment and order dated 14.9.2018 passed by 14th Additional Session Judge, Varanasi in Criminal Appeal No.161 of 2017 (Smt. Dharma Devi and others Vs. Manju Singh Rathor).
(3.) The brief facts of the relating to the case are that the appellant lodged a F.I.R. at Case Crime No.C-6 of 2001, under sections 498-A, 323, 506 IPC and 3/4 D.P. Act against her in-laws except husband. Upon investigation charge sheet was submitted and upon recording evidence, the Special Chief Judicial Magistrate, Varanasi vide judgment and order dated 18.7.2017 in Criminal Case No.3251 of 2012 convicted all the accused-persons under sections 498-A, 323 and 506 IPC and sentenced accordingly. Feeling aggrieved, the convicted accused-persons preferred criminal appeal before the Sessions Judge, Varanasi, which has been decided by the impugned judgment and by the impugned judgment, the appeal was partly allowed and the judgment order passed by Magistrate was partly set aside. The Appellate Court setting aside the conviction of respondent nos.2 to 5 under sections 498-A IPC affirmed their conviction for the offences under sections 323 and 506 IPC and modified the sentence by releasing them on probation for a period of six months. Feeling aggrieved, the first informant has preferred this appeal against the acquittal part of the impugned judgment, acquitting the respondent nos.2 to 5 for the offence under section 498-A IPC.;