RAJALAXMI MOHAPATRA Vs. PRAFULLA KUMAR MOHAPATRA AND ORS.

JUDGEMENT

(1.) THIS is on appeal under Section 417(3) of the Code of Criminal Procedure against the judgment of acquittal of the Respondents of charges under Section 495 and 495/109 of the Indian Penal Code.

(2.) PRAFULLA Kumar Mohapatra (Respondent No. 1) is said to have been married to one Sailabala. Sailabala, the first wife is alive. By suppressing the fact of such marriage, Prafulla got married again to the Appellant Rajalaxmi. It was alleged by the Appellant that she and Prafulla lived together for some time, but it transpired that Prafulla had a previously married wife living and when the Appellant started making further enquiries, Prafulla, who works as on Advocate 's clerk, came away from the village and started living within the town of cuttack along with the first wife. The Appellant and her father accosted Prafulla at Cuttack. A dispute followed and one Sri Sunakar Jena, on Advocate, with whom Prafulla is said to be working as a clerk, undertook to make a settlement. In the meantime, the Appellant gave birth to a child and as she found that Sri Jena was not taking any steps, she was forced to file the complaint. Prafulla was charged for the offence under Section 495 while the three others who ,are respectively Prafulla 's sister, brother and the Barakarta in the second marriage, were charged under Section 495/109 of the Indian Penal Code.

(3.) THE learned Trial Judge accepted the complainant 's claim of marriage to Prafulla, but found that the prosecution had failed to establish the first marriage. In view of such finding he acquitted the Respondents.