DHARA DEI Vs. PRAFULLA SWAIN

JUDGEMENT

(1.) This appeal is directed against the order passed by the Judicial Magistrate, Baramha acquitting respondents 1 and 3 from charges under Sections 494 and 494/109 Indian Penal Code respectively. The complainant is the appellant.

(2.) Stated in brief the case of the appellant, Dhara Dei (P.W. 1), was that she was legally married to respondent No. 1. Prafulla Swain and both of them led a conjugal life. There was misunderstanding between her father (P.W. 2) and father-in-law, respondent No. 3 relating to dowry at the time of her marriage. She came to be house of her father according to custom, but on account of the aforesaid misunderstanding, she was not taken back to her matrimonial home. On the other hand, on 3.12.1979 respondent No. 1, Prafulla married respondent No. 2, Tava Dei, daughter of Mana Naik of Salijanga. During the subsistence of her marriage with respondent No. 1 Parafulla, the second marriage having been contracted was void according to law. Respondents 1 and 2, therefore, committed an offence under Section 494 and respondent. No. 3 having abetted the same committed an offence under section 494/109 of the Indian Penal Code.

(3.) The learned trial Court framed charge against respondent No. 1 under section 494 and further framed charge against respondent No. 3 under Sections 494/109 of the Indian Penal Code. On account of absence of respondent No. 2 the case was split up against her. The plea of the respondents 1 and 3 was a complete denial of the charges brought against them. On consideration of the prosecution evidence the learned trial Court came to hold that the appellant failed to establish the factum of the second marriage between respondents 1 and 2. Therefore, be recorded an order of acquittal.