SUMANBAI DEORAM Vs. DEORAM BHILEYA PATIDAR

JUDGEMENT

(1.) THIS application under section 378 (4) of the Code of Criminal procedure 1973 (fox short 'the Code') is for grant of special leave to prefer appeal against the order of acquittal dated 30-10-1985 passed by the Judicial Magistrate First class Kukshi, District Dhar in Criminal Case No. 335 of 1982.

(2.) ACCORDING to the complaint the parties are Hindus. The non-applicant No. 1 deoram is the husband of the petitioner Sumanbai and during the subsistence of the marriage between them, he has, in the customary form of "beda Bharana" married the non-applicant No. 2 Smt. Durgabai. At the relevant time, the said Durgabai knew about the subsisting marriage between the petitioner and the said Deoram.

(3.) IN due course charge under section 494 Indian Penal Code was framed against Deoram and charge under section 494/119 ibid was framed against Smt. Durgabai.