SIPRA BANARJEE Vs. ROSHANLAL SHARMA

JUDGEMENT

(1.) THE complainant has called in question the order of acquittal passed by Learned J.M.F.C., Bhawanipatna in I.C.C. No. 51 of 1989 acquitting the Respondents of the charge under Section 498 -A/34 I.P.C. & under Section 494/109 of I.P.C. Facts necessary for disposal of this appeal run as under: -

(2.) THE Respondents took the defence of denial.

(3.) LEARNED Counsel for the Appellant (complaint) submits that in this case the Court below erred in law in holding that there has not been establishment of the factum of marriage between the Appellant & Respondent, Roshanlal. In this connection, he has taken this Court through evidence of the Appellant (P.W. 2) & also other witnesses. It is next contended that even if a marriage is stated to have not been strictly proved, the charge under Section 498 -A I.P.C. on the face of the evidence on record cannot automatically fail as the evidence here is overwhelming to show that the Appellant & the Respondent Roshanlal were staying together as husband & wife most of the time in the house of Respondent, Roshanlal & at the Bhawanipatna & they have been accepted as such in their society. He further contends that the evidence of P.W. 2 & other witnesses ought to have been accepted to hold that the Respondent had treated the Appellant with cruelty both mental & physical.