JOGENDRA MALLA Vs. KHIRA DEI

JUDGEMENT

(1.) THIS is an appeal against an order of acquittal passed by the Judicial Magistrate, First Class, Cuttack.

(2.) THE complainant's case, in short, is that his son Paramananda Malla had married Khira Dei (respondent No. 1), then aged about 18 years, according to the Hindu rites on 13 -6 -67, and thereafter Khira Dei and Paramananda lived as husband and wife. During the subsistence of the said marriage Khira with the persuasion of her father (respondent No. 3) and mother (respondent No. 7) and the connivance of the other respondents married Bikal Khatua (respondent No. 6) for the second time on 11 -7 -75. All the respondents knew that the first husband of Khira was alive and their marriage was still in subsistence. Cognisance was taken on that complaint petition and the accused persons were tried and were acquitted by the court below on the finding that the alleged marriage of Khira with the complainant's son Paramananda was not proved; and that the S.D.J.M. had no jurisdiction to take cognisance of the case or the complaint filed in this case.

(3.) THE relevant portions of Section 198, Criminal Procedure Code are as follows : -