PYARI DEVI ALIAS LALTI DEVI Vs. RAMANAND

JUDGEMENT

(1.) SMT. Pyari Devi alias Lalti Devi complainant has preferred this appeal against the judgment and order of Sri Jitendra Srivastava, Vth Additional Munsif Magistrate, Mirzapur, passed in Criminal Case No. 958 of 1976 on 2-11-1977 acquitting Ramanand accused for the offence punishable under section 494 IPC and Sadanand, Ramjt Singh, SMT. Dularia and Kattal accused persons for an offence punishable under sections 494/109 IPC.

(2.) THE complaint case of Smt. Pyari Devi alias Lalti Devi is that she was the wedded wife of Ramanand accused. A daughter was born to her from the wedlock. She was then three years old. After the birth of the daughter she was sent away by her husband Ramanand appellant with her brother. It was alleged that prior to that Ramanand was maltreating her by abusing and beating her. He was often threatening to burn or turn out of the house. Not even that he would boldly proclaim that he would marry a second wife. It was alleged that on 2-10-1976 Ramanand took Smt. Dulariya accused as his second wife. THE marriage ceremony was performed at 9 p. m. in village Basari at the house of Kattal accused in accordance with Hindu rites. She further alleged that all the five accused fully knew that the complainant was the first wife of Ramanand accused yet all of them conspired together (abetted Ramanand) to perform the second marriage of Ramanand. Accordingly the complainant filed a complaint against the five accused under section 494 read with section 109 IPC. She named witnesses in the complaint.

(3.) THE requirement of law is that the second marriage should be proved to have been performed with all the ceremonies required of the legal marriage. THE witnesses say that at the time of said marriage Yedi was put up, Havan was performed and Bhanwars were taken. According to Sidhnath (PW 2), and Bechai (PW 3) 7 Bhanwars were taken while according to Bhaggu (PW 4) 5 or 6 Bhanwars were taken. Not a single word was said about Saptpadi which is an essential ceremony for completing a Hindu marriages. No Pandit who would have performed that marriage, has been examined. THE learned Judicial Magistrate also pointed out that previously there had been litigation of Ramanand with Bhaggu (PW 4) and Bechai (PW 3). For all these reasons he disbelieved the prosecution allegations about second marriage of Ramanand with Smt. Dulariya. Accordingly the accused persons were acquitted.