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.) BRIEFLY stated the facts giving rise to this appeal are as under :---The present appellant filed a private complaint against the present respondents Nos. 1 and 2 (Original Accused) contending that the accused No. 1 is a police constable residing at Solapur and the accused No. 2 is his mother; that the complainant was unmarried and the accused No. 1 pretended to marry her and thereafter their engagement took place at Solapur ; that the complainant is the only daughter of her presents and therefore the estate of her parents was with her and she had cash of Rs. 10,000/- in her account in post office and she also had some gold ; that with the intention to exploite the complainant, the accused No. 1 told her that he would marry her and accordingly he married her according to Hindu rites at Gangapur in the month of Ashad in the year 1963 ; that after the marriage ceremony, he returned with the complainant to Solapur and started residing with her ; that after about a year, the complainant gave birth to a daughter Mahananda out of the said wedlock; that after some days, the accuse No. 1 took away some ornaments of the complainant saying that he was suspended and he needed some money as there was a charge of theft of pay on him at Pandharpur and in this manner the accused exploited her of Rs. 3,000/-; that after some days, the accused No. 1 was transferred to Rangri where he was suspended ultimately due to some incident; that he thereafter wrote letters to the complainant and made her believed that she was married to him; that in January 1969 accused No. 1 was not coming to her house; that after some days, ultimately he came to her house and for building a house he made her withdrawn an amount of Rs. 10,000/- from the post office and he used the said amount for building his own house and then transferred the said house to her mother and therefore the complainant stated demanding the return of her money but the accused did not do so and he did not also come to her house and later on, on inquiry she came to know that he was already married and had children from the said marriage before he married her. She also claimed that he had also some connections with a teacher Dhrupabai. Having learnt about this, she went to the accused No. 1 and quarreled with him but he assured her that she was the only wife and he would never forget her. She also claimed that thereafter again when the complainant started demanding money, he started telling her that he had no relations with her and he not know her. She also made various other allegations of threats. However, the main complaint is that the accused No. 1 had got married with her with the intention to exploit her money by deceiving her and that he had got married to her though he was married earlier and his marriage with the first wife was subsistence and therefore she claimed that the accused have committed the offence punishable under sections 420,417,493,495,506 and 496 of the Indian Penal Code. The learned Magistrate, however, issued process under sections 495 and 496 of the Indian Penal Code.

(3.) 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.