KAILASH Vs. GORDHAN

JUDGEMENT

(1.) The appellant has preferred this appeal under Sec. 378 of Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') being aggrieved by the judgment of acquittal dtd. 31/03/1997 passed by Judicial Magistrate First Class, Sardarpur, District Dhar, whereby the respondents / accused persons were acquitted from the charges under Sec. 494 and 143 of Indian Penal Code, 1860 (in short 'IPC').

(2.) As per the prosecution story, the marriage of the appellant Kailash was solemnized with the respondent No.2 Jani Bai as per the Hindu rites and rituals and they lived together as husband and wife. But thereafter, the respondent No.2 Jani Bai got second marriage with the respondent No.1 Gordhan with the active help of the other accused persons / respondents No.3 to 5 knowing very well that first marriage of the Jani Bai is still in existence and without obtaining divorce from the appellant, respondent No.1 had performed the second marriage with the respondent No.1.

(3.) Appellant had filed a complaint against the respondents before the trial Court. The trial Court took the statement of various witnesses under Sec. 200 and 202 of the Cr.P.C. and the complaint was registered. Thereafter, the respondents were summoned. The trial Court examined various witnesses and an opportunity of cross-examination was given to the appellant and thereafter, charges under Sec. 494 and 143 of IPC were framed and trial was proceeded. After completion of the trial and appreciating the evidence available on record, the trial Court acquitted all the respondents from all the charges, therefore, after obtaining the special leave to appeal, this criminal appeal has been filed before this Court.