A N MUKERJI Vs. STATE

JUDGEMENT

(1.) CRIMINAL Appeal No. 471 of 1966 by Dr. Amar Nath Mukerji against his conviction and sentence of one year's rigorous imprisonment and a fine of Rs. 75,000/- under Section 417 I. P. C. and Criminal Appeal No. 944 of 1966 by Smt. Harbans Kaur the prosecutrix, against his acquittal of charges under Sections 493 and 376 I. P. C. , arise out of the same judgment of the learned Sessions Judge, Varanasi and they are being disposed of together.

(2.) ON 11th of August 1958. Smt. Harbans Kaur filed her petition of complaint against Dr. Mukerji in the court of a Magistrate First Class at Calcutta praying that he be tried for offences under Sections 493, 496 and 417 of the Indian Penal Code. After undergoing many vicissitudes her complaint resulted in the commitment of Dr. Mukerji to the court of sessions at Calcutta to stand his trial under Section 493 I. P. C. On an application by the prosecutrix the case was, however, transferred from West Bengal to the Court of the Sessions Judge, Varanasi, for trial. The learned Sessions Judge, Varanasi, amended the charge under Section 493 I. P. C. and added charges under Sections 376 and 417 I. P. C. and the trial proceeded against the accused in respect of those charges, He was acquitted on the first two counts but was convicted under Section 417 I. P. C. The trial Judge has ordered "that out of the fine realised two-third (Rs. 50,000/-) shall be paid" to the complainant as compensation.

(3.) ON the 5th of August, 1957, Smt. Harbans Kaur had instituted suit No. 1381 of 1957 (Exhibit Ka 390) against Dr. A. N. Mukerji for recovery of a sum of Rs. 7,59,469/- and another suit (Exhibit Kha 65) on the 12th day of September, 1957, for the recovery of a sum of Rs. 2,00,000/- as damages by reason of the wrongful breach of his promise to marry her. Km. Sureila Mukerji alias Neena, daughter of the prosecutrix, had also instituted suit No. 1163 of 1957 (Exhibit Kha 68) of July, 1957, through her mother against Dr. Mukerji claiming a sum of Rs. 18,000/-as arrears of maintenance and future maintenance @ Rs. 600/- per month. In May, 1958. Dr. Mukerji had also instituted suit No. 778 of 1958 (Exhibit Kha 66) for the recovery of Rs. 48,988. 37 P. from the prosecutrix. on account of loan advanced to her from time to time. These civil suits between the parties are pending disposal on the original side of the Calcutta High Court.