BHARATLAL Vs. TOP SINGH

JUDGEMENT

(1.) Appellant Bharatlal resident of village Padmi was employed as Chowkidar in village Oughat Khapri from where he used to come to his home on every Sunday. Rambai was his wife. They were wedded 10 years earlier and also had a child of about 7 years. It was on 17/02/1980 that when Bharatlal came to his house he did not find his wife there. Then he waited for sometime and made enquiry in the village but could not get any clue. It was from Dayaram (PW 3) he came to know the this wife had gone to village Tikarwada along with accused Top Singh, who was working as Peon in the Panchayat Office in that village. Complainant Bharatlal thereafter went to that village and enquired from Top Singh about his wife. At this, Top Singh told him that his wife is living with him and he has kept her as his wife and there is no question of sending her with him. He thereafter returned back and went to the police station to lodge a port but his report was not recorded. The police asked him to come after sometime and on 25/03/1980 Top Singh was called by the Police. After that the complainant was repeatedly visiting the police station but nothing came out. He having received frustration about inaction on the part of the police filed a complaint. Criminal Case No. 602/80 was registered against accused Top Singh. After taking action u/S. 202, Cr. P.C. Top Singh was summoned and the Case proceeded.

(2.) The trial Court recorded a conviction of the accused u/S. 497, IPC and sentenced him to undergo R.I. for one year together with a fine of Rs. 700.00; in default of payment of fine further R.I. for six months vide judgment and order dated 5-11-1982.

(3.) Accused Top Singh thereafter preferred an appeal numbered as Criminal Appeal No. 77/82 before the Sessions Court which was allowed on 30-5-1985 and acquittal was recorded.