GANGA RAM Vs. DALIP SINGH

JUDGEMENT

(1.) The present appeal is maintained by the appellantcomplainant (hereinafter referred to as "the complainant") against the accused-respondent (hereinafter referred to as "the accused") assailing the judgment passed by the learned Judicial Magistrate, 1st Class, Court No. 2, Ghumarwin, District Bilaspur in case No. 170/2 of 2004/2003, whereby the complaint, preferred by the complaint under Section 500 IPC, was dismissed.

(2.) Briefly stating the facts giving rise to the present appeal are that the complainant maintained a complaint under Section 500 IPC, seeking punishment of the accused. As per complainant, he retired Subedar-Major from Army and a resident of Village Tihri, holding a respective post of vice President of Gram Panchayat. The accused is a resident of Village Bharoli Kalan, serving as JBT Teacher in Middle School Gangloh. The accused is married to Smt. Sumati Devi, who is a cousin sister of the complainant. It is further averred that from the very beginning, the accused had been maltreating and beating Smt. Sumati Devi, so the complainant came forward for the rescue of his sister. The accused once succeeded in obtaining a divorce decree against Smt. Sumati Devi in a fraudulent manner. The said ex parte judgment and decree of divorce was set aside by the order of learned District Judge, Bilaspur. It is further alleged that accused did not make payment of maintenance to his children, he also moved a petition under Section 6 of Hindu Minority and Guardian Act, 1956, which was turned down by the competent Court below. The complainant alleged that the accused is having another illegal wife, named Smt. Kero Devi and he is willing to marry her. The complainant rendered all possible help to Smt. Sumati Devi, during all legal proceedings, hence, out of frustration, in order to damage the reputation of the complainant, the accused had made unjustifiable and false allegations of adultery against the complainant and his sister Smt. Sumati Devi. The accused has also filed a case before the learned Sub-Judge, Ghumarwin, where he alleging that the complainant, who is brother of Smt. Sumati Devi, is living an adulterous life with her. According to complainant, these allegations tarnished his reputation among general public. It is further alleged that the accused has been distributing the copies of defamatory plaint (Ext. DA), to the friends and known persons of the complainant to defame him.

(3.) The complainant in order to establish his case has examined two witnesses. The complainant himself stepped into the witness box as CW-1 and stated that he is Ex. Vice President of Gram Panchayat and a retired Subedar-Major from Army. Accused Dalip Singh is brother-in-law of the complainant and is working as JBT Teacher. Smt. Sumati Devi is a daughter of complainant's uncle and has been married to Dalip Singh, accused. The complainant has to take responsibility of a son, as his uncle does not have any son. According to complainant, accused used to torture Smt. Sumati Devi, as a result of which various civil and criminal litigations started between them. Accused refused to pay maintenance to the children, and fraudulently got a divorce decree against Smt. Sumati Devi. He further submitted that accused is having illegal relationship with one Smt. Kero Devi. In order to lower the reputation of the complainant the accused is making allegations that complainant is living an adulterous life with Smt. Sumati Devi and he is also distributing the copies of a suit filed before the learned Sub-Judge, Ghumarwin. The complainant has also produced the copy of complaint with affidavit, Mark-X, copy of order dated 24.8.98, Mark-Y, copy of order dated 10.12.2002, Mark-Z.