GOURI RANI DAS Vs. SACHINANDAN DAS & ANR

JUDGEMENT

(1.) The appeal is directed against the judgement and order of acquittal dated 26.11.1991 passed by the learned Additional Sessions Judge, 5th Court, Midnapore in criminal appeal No.46 of 1990 acquitting the accused/respondent no. 1 from the charge of committing offence punishable under Sections 493 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for two years and to pay a fine of Rs.2000/-, in default, to undergo rigorous imprisonment for six months more.

(2.) Prosecution case, as alleged, against the accused/respondent no. 1 is to the effect that suppressing his previous marriage accused/respondent no. 1 had married the appellant according to Hindu Rites and Customs in July 1968 and thereafter she came to know that the respondent no. 1 was married earlier and had children. Hence she instituted the instant prosecution by filing a petition of complaint alleging commission of offences punishable under section 493, 494 and 495 IPC. Charges were framed under sections 493, 494 and 495 of IPC by the trial judge and upon recording of evidence of the prosecution witnesses including that of the appellant the trial court by judgement and order dated 12.7.1990 convicted the respondent no. 1 for commission of offence punishable under sections 493 IPC. However, respondent no. 1 was acquitted of the charges under sections 494 and 495 of IPC. In appeal, the appellate court by the impugned judgment and order dated 26.11.1991 was pleased to acquit the appellant of the charge under section 493 IPC also. Hence, the present appeal against the order of acquittal has been filed by the appellant.

(3.) Nobody appears for the appellant.