RAMKRISHNA BABURAO MASKE Vs. KISAN SHIVRAJ SHELKE

JUDGEMENT

(1.) THIS is an appeal by the complainant, who has failed in getting the accused whom he prosecuted convicted. He prosecuted them for offences punishable under Section 417 read with Section 34 I.P.C. but the learned Magistrate, Kaji, District Bhir was not satisfied with the merits of the case and therefore acquitted all the six accused.

(2.) THE complainant is the unfortunate husband of accused No. 3 who is said to have been offered by her parents, accused Nos. 1 and 2 and some mediators, who were discharged. It is said that the marriage of the complainant with accused No. 3 was settled on 25 -5 -70 and was performed on 1 -6 -70. Accused No. 3 came to stay with the complainant on that day. They lived as husband and wife and she delivered a child on 19 -11 -70 after about five months from the date of the marriage. She was taken to Ambejogai hospital and the Doctor's report was that the child was delivered with seven months' pregnancy. The complainant's case is that he had married her at the time when she had already conceived much before the time of the marriage. It is, therefore, his case that her parents as well as she concealed from him the fact of her pregnancy at the time of the settlement of marriage and also at the time of marriage and thereby they have cheated him. The parents denied having any knowledge about the conception of their daughter and accused No. 3 also denied having cheated the complainant.

(3.) THE learned Magistrate after considering Section 415 I.P.C. found that "dishonesty" is one of the ingredients of that section and that it is connected with property. He was, therefore, satisfied that the case of the complainant did not fit within the purview of Section 415 I.P.C. He, therefore, acquitted all the accused. The point, therefore, that arises here for consideration is whether the order of acquittal passed by the learned Magistrate is legal and proper.