(1.) IN this appeal by special leave the appellant challenges the judgment and order dated 4th November, 1968 passed by Judicial Magistrate. Dehradun acquitting the respondents of the offence under Section 494, I. P. C
(2.) THE facts relevant to the case can briefly be stated as under: Smt. Asghari respondent No. 1 was previously married to Abdul Hamid, hereafter to be called the appellant. It is alleged that Jafar. respondent No. 2, who happened to be the father of respondent No. 1, used to borrow money from the appellant from time to time but did not repay the same. About one and half years prior to the filing of the complaint the appellant asked for the repayment of the money. This caused offence to the respondent No, 2 and consequently he sent for respondent No. 1 through one Fateh on the pretext that the respondent No. 1 should celebrate Shabi-Barat festival at her father's house. Thereafter the respondent No. 2 did not send respondent No. 1 to the appellant's house despite repeated requests and. on 5th April, 68. Smt. Asghari respondent No. 1 was remarried to Mahboob respondent No. 3. Nisar Ahmad respondent No. 4 functioned as Qazi on the occasion of the said marriage and Jafar and Haider Bux functioned as witnesses. On these allegations Abdul Hamid filed a complaint for the prosecution of the respondents for the offence under Section 494, I. P. C.
(3.) RESPONDENT No. 1 during her examination in the trial Court, inter alia, stated that her marriage with the appellant had been dissolved and it was thereafter that her remarriage took place on 8th April, 68. Mahboob respondent also made a similar statement during his examination. The other respondents merely denied the prosecution case. The trial Court on a consideration of the evidence adduced in the case accepted the defence plea that the marriage of respondent No. 1 with the appellant had been dissolved before she was remarried to respondent No. 3. In consequence of this conclusion the trial Court acquitted all the respondents. It is against that order that the present appeal is directed.