GANGA PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) This is a revision under Section 397- Cr. P.C. directed against the judgment and order dated 16.9.1991 passed by the then IX Additional Sessions Judge, Varanasi in Revision No. 245 of 1989, Smt. Indrawati Pandey v. State and others. That revision had arisen out of order dated 1.7.1989 passed by the then III Munsif Magistrate, Varanasi in Criminal Case No. 1829 of 1987, Smt. Indrawati Pandey v. Chandrama Pandey and others whereby the learned Magistrate directed that only accused Chandrama Pandey and Ram Lochan Pandey be summoned to face the charge under Section 494/109 I.P.C. and he discharged accused Nos. 2, 3, 4,5,7 and 9 in. absence of proper evidence on record. Accused No.6 had died pendenti lite.

(2.) Smt. Indrawati Pandey is admittedly the wife of Chandrama Pandey whose marriage had taken place on 7.5.1974 Smt. Indrawati Pandey filed a complaint before the learned Magistrate alleging ill-treatment, demand of dowry, misbehaviour etc. at the hands of opposite parties. Smt. Indrawati Pandey also alleged that her husband Chandrama Pandey had married with other lady Manju Pandey with the help of the other members of the family. The remarriage of Chandrama Pandey makes out an offence under Section 494 I.P.C. and, therefore, the family members were arrayed as accused in the case by Smt. Indrawati Pandey.

(3.) After recording statements under Sections 220/202, Cr. P.C., the learned Magistrate came to the conclusion that prima facie case against Chandrama Prasad Pandey and Ram Lochan Pandey has only been made out and no case has been made out against the remaining accused and, therefore, they were let off. This order dated 1.7.1989 was the subject matter of Criminal Revision No. 245 of 1989 before the Sessions Judge, Varanasi preferred by complainant Smt. Indrawati Pandey.