RAMASWAMI UDAYAR Vs. RAJU UDAYAR

JUDGEMENT

(1.) THE petitioner in this case was convicted by the Stationary Sub -Magistrate. Vridhachalam, for an offence under Section 498. I. P. C, and sentenced to a fine of Rs. 200, and this was confirmed in appeal by the Sub -Divisional Magistrate, Ulundurpet.

(2.) THE - facts are these. P. W. 1, the complainant in this case married C. W. 1 on 1 -7 -1946. They seem to have lived amicably for about three years. On 30 -7 -1949, C. W. 1's father and her aunt, that is her father's sister, both came to the village of P. W. 1 and took C. W. 1 to Vridhachalam for the Adipuram festival, promising to send her back in two or three days. But she never came back. Enquiries instituted by P. W. 1 revealed that she was living with the accused in a village called Eranji in Kallakurichi taluk. P. W. 1 thereupon instituted a complaint against the wife (C. W. 1), her father and the accused for an offence under Section 498, I.P.C. and for an offence under Section 379, I.P.C. alleging that the jewels were taken away. The Magistrate referred the matter under Section 202, Cr. P. C. and the police report was that no case under Section 379, I.P.C. has been made out, though a case under Section 498, I.P.C. has been made out. The Magistrate took the case on file against the accused only and the accused was tried and convicted as aforesaid.

(3.) THE evidence therefore establishes the fact that the woman left her husband on 30th July for the apparent purpose of attending the Adipuram festival, but that on that day she got info a jutka with the accused and went to Mangalampet and ultimately to the village of the accused, and she was living with him. Assuming for a moment that the evidence of P. W. 5 may be exaggerated a little with regard to the persuasion, the fact remains, as spoken to by P. W. 7, against whom nothing could be said, that both of them were travelling in a jutka on the day of the Adipuram festival.