GIRRJA DEVI (SMT.) Vs. SHIV SINGH TOMAR

JUDGEMENT

(1.) This is an appeal under Section 378 (4) of the Code of Criminal Procedure, 1973 (for brevity, 'CrPC') by the appellant challenging the order of acquittal of respondent for the offence under Section 494 of Indian Penal Code, 1860 (for short, 'IPC'). Special Leave to Appeal was granted to the appellant by this Court by order dated 03.04.2006.

(2.) It is not disputed that complainant Smt. Girja Devi was married to respondent/accused Shiv Singh Tomar on 30.04.1974. The marriage was solemnized in accordance with Hindu customary rites and ceremonies. The prosecution case in nutshell is that the respondent/accused Shiv Singh Tomar remarried Mitthan Bai, resident of village Bansi District Oraiya (UP). On 24.03.2001, when complainant went to the house of her husband, she knew about the existence of marriage of Shiv Singh Tomar with Mitthan Bai then she filed a private complainat against the respondent/accused.

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