ANJU Vs. NARENDRA KUMAR & OTHERS

JUDGEMENT

(1.) Heard learned counsel for the appellant and Shri L.D. Rajbhar, learned A.G.A., for the State.

(2.) This appeal is directed against the judgment and order dated 30.9.2003 passed by learned Special Judicial Magistrate, Ghaziabad in Compliant Case No. 3951 of 2002 (Smt. Anju Vs. Narendra Kumar and others) whereby the respondent No. 1 (Narendra Kumar) was acquitted for the offence punishable under Section 494 Indian Penal Code (In short 'IPC'). Similarly the respondent No. 2 (Jagdish Prasad), respondent No. 3 (Smt. Indra), respondent No. 4 (Smt. Sheetal) and respondent No. 5 (Smt. Kusum) were also acquitted for the offence punishable under Section 494 IPC read with Section 109 IPC.

(3.) Brief facts of the prosecution case are that complainant Smt. Anju was married with the respondent Narendra Kumar on 12.5.1994. From their wedlock, a daughter namely Himanshi was born on 30.10.1995. Respondent Narendra Kumar married again with respondent-Smt. Sheetal on 11.7.1999 during life time of complainant Smt. Anju with aid of other respondents Smt. Kusum, Smt. Indra and Sri Jagdish Prasad. Smt. Kusum is mother of Smt. Sheetal and Jagdish Prasad is father and Smt. Indra is mother of Narendra Kumar. This marriage was solemnized at about 11:30 PM at village Bahsuma, P.S.Khass, District Meerut at residence of Smt. Kusum, Sheetal according to Hindu rituals performing Saptadi in presence of witnesses Khacheru, Raju, Vikram Singh and Puran Singh.