DEVKARAN Vs. VISHNUPRASAD AND OTHERS

JUDGEMENT

(1.) Being aggrieved by judgment and order of acquittal from the charge under Section 494 of IPC dated 22.08.1995 delivered by the Judicial Magistrate First Class, Dewas in Criminal Case No.1181/1994, the appellant has preferred the present appeal.

(2.) The relevant facts sans unnecessary details are that daughter Savitrabai of the complainant Devkaran married to respondent Vishnuprasad in the year 1983 by Hindu rites and rituals. She remained with Vishnuprasad for next two years. During this period Vishnuprasad ill treated and harassed her, therefore, she came back to her maternal home with her brother. Since then she is living with her father as Vishnuprasad asked her to come back with some money otherwise he will opt a second marriage. Vishnuprasad entered into second marriage with one Sumitrabai daughter of Laxmichand. Father of Savitrabai, Devkaran filed a complaint before the court alleging that Vishnuprasad entered into second marriage during existence of his first marriage and hence committed offence of bigamy punishable under Section 494 of IPC.

(3.) Taking cognizance on the complaint, the learned Trial Court framed charge against respondent under Section 494 of IPC and proceeded to record evidence of the complaint as the respondent abjured his guilt.