JAYANTHI Vs. KUMAR

JUDGEMENT

(1.) The present appeal is directed against the order dated 11.3.05 passed by the learned Judicial Magistrate No.II, Namakkal, in C.C. No.128/01 in and by which the trial court acquitted the respondents herein.

(2.) On the basis of the private complaint filed by the appellant before the court below, the case was numbered and taken up for hearing. The accused/respondents were charged and tried before the learned Judicial Magistrate No.II, Namakkal, for the offence u/s 494 and 494 r/w 109 IPC . For the sake of convenience, the parties will be referred to in the same order as arrayed before the court below.

(3.) The brief facts necessary for the disposal of this appeal could be stated as under :- C.W.1 is the complainant; C.W.2 is the brother of C.W.1 and C.W.3 is the friend of C.W.2 and C.W.5 is the father of C.W.s 1 and 2. C.W.1 had been given in marriage to A-1 on 13.3.95. It is the case of the complainant that at the time of marriage, 34 sovereigns of gold jewels, Rs.1,00,000/- as stridhana and Rs.50,000/- for the purchase of household articles were given. C.W.1 and A-1 were living happily for a period of six months. In the meantime, out of the wedlock, C.W.1 had begotten a child. Thereafter, A-1 and the other accused started pestering C.W.1 to get more money from her father as dowry. The father of C.W.1 had obliged by giving amounts on two occasions. However, on the third occasion, the father of C.W.1 refused to give any money and angered by the said act, A-1 along with the other accused, took C.W.1 to her parental home and left her there. On 11.10.98, it is alleged that the accused came to the house of his in-laws at about 10.00 p.m. and threatened and beat his in-laws and took the signature of C.W.1 and her father's signature in a green colour stamp paper. In respect of the said act of the accused, a complaint was lodged with the All Women Police Station, which was registered as Crime No.25/00 and is pending on the file of Judicial Magistrate No.I, Namakkal. It is alleged that on 2.4.01, C.W.s 1 and 2 came to know about the 2nd marriage contracted between A-1 and A-2 on 13.12.98 and, therefore, the present complaint has been lodged before the court below for the offence u/s 494 and 494 r/w 109 IPC .