CHANDU LAL Vs. BIASAN DEVI

JUDGEMENT

(1.) This appeal at the instance of complainant is against the judgment dated 31.7.1993 whereby Additional Chief Judicial Magistrate, Dharamshala, District Kangra, has dismissed his complaint under Section 494 I.P.C. and acquitted the respondent holding that complainant has not been able to prove beyond reasonable doubt that respondent is his legally wedded wife and that during the subsistence of her marriage with him she has solemnised second marriage with Nilu Ram on 23.10.1987.

(2.) After hearing learned Counsel for the parties and going through the record, this Court does not find any infirmity in the impugned judgment. The trial Court has correctly read and appreciated the evidence on record for coming to its conclusion and the view taken by it is not so unreasonable or perverse that it may be set aside in the present appeal.

(3.) To prove his case that his marriage was solemnised according to Hindu rites and ceremonies with the respondent in the year 1964, besides examining himself, the complainant has produced one Suhari Devi, who has claimed herself to be real sister of the respondent but latter has categorically denied this fact in her statement under Section 313, Cr. C.P.C. He has also produced Trilok Chand, PW -3, Registration Clerk from the office of Sub Registrar, Palampur, who has producedon record certified copies of documents Exts.PW -3/A and 3/B (objected to) and Exts. P.1 and P.2. The complainant has stated that his marriage with respondent was fixed by Munshi Ram, his brother -in -law, and Kanshi Ram and Bhura Ram, had acted as Nai and Prohit, respectively, but none of them has been produced as witness. He could only name Bakshi Ram, the brother of the respondent, who had attended the marriage from the side of the respondent but instead of producing him he has produced Suhari Devi who has not been named by him as one of the participants in the marriage. Though, according to both of them large number of villagers had attended the marriage, yet none of them has been named or produced.