PITAMBER SINGH Vs. MUNDAGUDIA GHAR JAVAIN

JUDGEMENT

(1.) The complainant has preferred this appeal against the judgment of the S.D.J.M., Nowrangpur dated 24-8-1981, in I.C.C. No. 5 of 1978, acquitting the respondents of the charge under sections 498/109, I.P.C.

(2.) The gift of the complainants case is the Podmabati, the daughter of respondent No. 2 Tikai Beherani, is his legally married wife and he had a son through her and after delivery, the respondents enticed her away to their house where she lived in illicit intimacy with respondent No. 1 and therefore they are liable under sections 498/109, I.P.C.

(3.) The defence pleaded that the said Podmabati is not the legally married wife of the complainant and there was no illicit relationship between Podmabati and respondent No. 1. The said Podmabati had examined herself as D.W. 1 in support of the defence plea.