MADAN LAL Vs. RAKSHA DEVI

JUDGEMENT

(1.) Respondent Rakshan Devi had filed a complaint against the petitioner - Madan Lal and others with respect to offences punishable under Section 494, 109/120-B of the Indian Penal Code. She alleged that petitioner Madan Lal was married to her on 24.5. 1978. After few days of the marriage petitioner Madan Lal in conspiracy with the other petitioners deserted the respondent in order to marry Smt. Pushpa. Raksha Devi filed a petition for restitution of conjugal rights against Madan Lal on 21.12.1978. It was dismissed by the trial Court. In appeal it was held that she was the legally wedded wife of Madan Lal. During the continuance of the marriage Madan Lal in conspiracy with the others is alleged to have contracted a second marriage with Smt. Pushpa. On these broad facts, the above-said complaint was filed.

(2.) After considering the preliminary evidence produced by respondent Raksha Devi, the learned Judicial Magistrate summoned all the petitioners with respect to offences under Sections 494, 120-B/109 Indian Penal Code. The petitioners preferred a revision against the said order which was dismissed. Thereafter, the respondent led evidence and produced six witnesses. On 5.7.1989 considering the evidence on the record, the learned trial court discharged all the petitioners and dismissed the complaint.

(3.) Raksha Devi preferred a revision in the court of Sessions. The learned Additional Sessions Judge, Kurukshetra on 9.10.1993 allowed the revision and set aside the order of the learned Judicial Magistrate. The case was sent back to the Judicial Magistrate for re-appraising the evidence and deciding the same in the light of the observations made by the learned Additional Sessions Judge, Kurukshetra.