MUFID Vs. NOOR JAHAN

JUDGEMENT

(1.) THIS is an appeal by Mufid complainant against the judgment and order dated 22-3-1976 passed by the Munsif Magistrate Shahganj at Jaunpur, acquitting Noor Jahan and Mumtaz respondents Nos. 1 and 5 of the charge under Section 494 IPC and Asad Ali, Smt. Rashidan, Mualana Rahman, Iltaza and Smt. Jainatul respondents nos. 2, 3, 4, 6 and 7 of the charge under section 494 read with 109 IPC.

(2.) THE case arose on a complaint filed by Mufid appellant alleging that he was married with Smt. Noor Jahan about nine years back and she lived with him and performed marital obligations when in 1973 her father Asad Ali and brother Jamil took her away on the pretext that her mother Smt. Rashidan, respondent no. 3, was ill and wanted to see her. Sometime, mother and brother of Smt. Noor Jahan refused to send hen. On 15-3-1974 he learnt that her father and mother were going to marry her with Mumtaz respondent no. 3. THErefore, accompanied by his father and certain witnesses he went to the south of the village Usarhata and saw Maulana Rahman respondent no. 4 performing her nikah with Mumtaz respondent. THE other respondents were present there. On these allegations the said complaint was filed.

(3.) AFTER going through the evidence; on the record the learned trial' court came to the conclusion that the complainant had failed to prove both the marriages in the manner prescribed and acquitted the respondents.