JANABAI NARAYAN KALE Vs. NARAYAN HARI KALE

JUDGEMENT

(1.) ORIGINAL complainant in Criminal Case No. 6373 of 1977 on the file of J.M.F.C. Solapur has filed this appeal after being granted leave to appeal to challenge the order of acquittal of accused Nos. 1 and 2 of the offences punishable under section 494 r.w. 34 and 495, 496 and 420 of the Indian Penal Code.

(2.) AFTER the complainant tendered her evidence, charge under section 494 r.w. 34 of the Indian Penal Code was framed against accused Nos. 1 and 2 and charge under sections 495,496 and 420 of the Indian Penal Code was framed against the accused No. 1 and on completion of the trial, the learned Magistrate acquitted both the accused of the charges framed against them. Being aggrieved by the said order of acquittal, the complainant has come in appeal to this Court.

(3.) IT appears that the learned Magistrate found that in respect of the offence under sections 494 r.w. 34 and 495 and 496 or the Indian Penal Code he had no jurisdiction to try the case as the offence was committed at Gangapur which was beyond the jurisdiction of his Court. The basis for this was that the alleged second marriage, even according to the complainant, took place at Gangapur which is not within the jurisdiction of Solapur. The learned Magistrate also found that the complainant failed to prove the offence under section 420 of the Indian Penal Code and therefore the learned Magistrate acquitted the two accused.