GOURIDEVI PANDA Vs. KISHORE CHANDRA PANDA

JUDGEMENT

(1.) The complainant in I.C.C. Case No.4 of 1988 is the appellant in this Criminal Appeal and she challenges the judgment and order of acquittal dated 7.2.1990 passed by the learned S.D.J.M., Paralakhemundi acquitting the respondent accused persons of the charge under Sections 494 and 494/109 of the I.P.C.

(2.) The appellant as complainant filed the aforementioned I.C.C. Case on 6.1.1988 alleging therein that she was united in wed lock with respondent No.1 on 11.3.1978 after the marriage they lived happily for about one year leading peaceful conjugal life. Thereafter the husband-respondent No.1 started ill-treating her and exerted pressure on her demanding an amount of Rs.2000/- as extra dowry. The respondent No.1- husband went to the extent of engaging some unlawful elements of the village to molest her in order to extract the additional dowry amount and since the situation started worsening the appellant managed to escape and came to her parental house. Thereafter, respondent No.1 filed a case for restitution of conjugal rights in the Court of Sub Judge, Paralakhemundi bearing O.S. No.5 of 1990. The appellant filed her written statement opposing the move for restitution of conjugal rights and, on the other hand, prayed for passing a decree of divorce. The Court below granted interim maintenance allowance of Rs.50/- per month and legal expenses of Rs.100 in M.J.C. No.42 of 1981 by order dated 16.7.1982 directing the maintenance amount to be paid from 25.11.1981. The respondent No.1 did not make any payment and wanted to proceed with the trial of the case. The matter was taken to this Court in Civil Revision No.712 of 1982 and this Court passed orders on 20.6.1986 directing stay of further proceedings in O.S. 5. No.5 of 1980 until the entire arrear dues of maintenance and legal expenses were cleared up by respondent No.1. While the matter stood thus, respondent No.1 got married for the second time to respondent No.2, the daughter of one Ananta Mahanty of Lakshmi Narasanapeta of Sikakulam district of Andhra Pradesh. The marriage was performed on 9.5.1985 at village Mandaldei and the priest who performed the said marriage is one Narasingha Tripathy of Paralakhemundi and it-was witnessed by many persons. Out of the said second marriage, the respondent Nos.1 and 2 have begotten a daughter and a son. The marriage of the respondent Nos.1 and 2 is illegal when the marriage of respondent No.1 with the appellant still subsists and has not been annulled by any Court of law.

(3.) The S.D.J.M., on this complaint, took cognizance of the offence under Section 494 of the I.P.C. and subsequently the respondent Nos.1 and 2 were charged under Sections 494 and 494/109 of the I.P.C. respectively and pleading not guilty of the said charge faced trial and on conclusion of the trial, the learned S.D.J.M. recorded the order of acquittal in the impugned judgment.