MANORAMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a revision under Section 397 Cr. P.C.against: the order dated 14-8-95 passed by Ist A.C.J.M., Jaunpur, whereby the learned Magistrate has ordered that as a prima facie case was made out against the accused, they should be summoned to face charges under Sections 494/109 I.P.C.

(2.) Admittedly, Smt. Indrawati was married to Ram Dular about 15 or 16 years earlier. She was turned out of her house by the husband and other family members after assaulting her. Some times in May, 1995, Ram Dular remarried with another lady Smt. Manorama. Her father Haripat lodged a complaint, wherein he has alleged that the marriage between Indrawati and Ram Dular was performed according to Hindu rites by observing all the formalities required by law and customs. She was ill-treated by the husband and his family members. She was assaulted for bringing more and more dowry. A daughter was born from the this wedlock. But unfortunately, she died. Thereafter, no other issue was born. The husband assaulted her and turned her out from her matrimonial house. Even earlier, the husband had ill-treated her. Smt. Indrawati launched legal proceedings. But that resulted in a compromise. Her husband gave an assurance to mend himself. But he did not abide by that assurance. It was learnt that the accused was going to marry with another lady Smt. Manorama, daughter of Sheo Kumar, r/o Dariaoganj, P.S.Baksa. On 28-5-95, the complainant and his other companions reached at the house of the husband at about 8 p. m. There they saw that the husband was performing his marriage with Smt. Manorama. Other accused were actively helping her. When the father of Smt. Indrawati and other persons accompanying him objected to it and told that during the subsistence of the first marriage, second marriage was illegal and it should not be done, the accused husband and other companions of his, did not relent and allowed the marriage to be performed.

(3.) In support of the case, the complainant had examined under Section 200 Cr. P.C.Smt. Indrawati, the wife and Hari Har, a villager, who was accompanying her to the house of her husband, P.Ws. were examined under Section 202 Cr. P.C.After perusal of the evidence on the record, the learned Magistrate was satisfied that a prima facie case was made out against all the accused. He, accordingly, summoned them to face trial under Section 494/109 I.P.C.