NATARAJAN Vs. RAMANUJAM

JUDGEMENT

(1.) This is an appeal filed by the appellant/complainant against the order of acquittal in C.C. 55 of 1986, dated 5-2-1988 on the file of the Judicial Second Class Magistrate-III, Trichirapalli, acquitting the respondent Ramanujam accused in respect of the offence under Section 498, Indian Penal Code.

(2.) On 18-3-1986 the appellant filed a complaint against the respondent with the following allegation. On 3-12-1961 the complainant P.W.1, married one Banumathy alias Janaki and out of that wedlock, two children were born. After his retirement, he was staying along with his wife and two children. His daughter Geethapria (P.W. 2) is the student of R.S.K. School at Kailasapuram. P.W. 1's wife Banumathy used to come along with his daughter Geethapriya to school and the accused/respondent who was used to give N.C.C. Training in the School had developed illicit intimacy with P.W.1's wife. On 19-7-1985, when the complainant came to the house, he found that his wife was missing. He was informed by his daughter Geethapriya P.W. 2 that in the morning the accused/respondent came and took Banumathy along with jewels and a suit case. Then he tried to trace out Banumathy but she was not available, later he came to know from two other witnesses that the respondent/accused took Banumathy to Trichy and that they were living together there.

(3.) During the trial, six witnesses were examined on the side of the appellant and six witnesses were examined on the side of the respondent and Ex. P1 to P4 were marked.