ALAMGIR Vs. STATE

JUDGEMENT

(1.) This Criminal Revision No. 875 of 1954 is directed against the order of the trial Court convicting the two petitioners, Alamgir and As Mohammad, under Section 498 of the Indian Penal Code and sentencing them to two months' simple imprisonment, each. Against this order of the trial Court, an appeal was preferred before the learned Additional Sessions Judge who dismissed the appeal but reduced the sentence in the case of both the petitioners to a fine of Rs. 50 each, that is to say, he set aside the sentence of two months' simple imprisonment and imposed a fine of Rs. 50. When this application was heard in part by Mr. Justice Chaudhary on 4-1-1955, a rule was issued for enhancement of the sentence. This application in revision, therefore, has been heard together with the rule that has been issued for enhancement bf the sentence.

(2.) The prosecution case in short is that on the 27th of October, 1952, the complainant, P.W. 1 found his wife missing and while searching for her he was informed by P.W. 4 that he, P.W. 4, had seen P.W. 1's wife in the house of the accused on the 27th of October, 1952. A sanha was lodged at the Police station as well as a complaint was filed on the 28th of October, 1952. Production warrant was issued, but the woman, namely, the wife of the complainant, was not produced and she is still untraced. It is said that the complainant went to the house of the accused and he found the accused there and Alamgir said he had married the complainant's wife.

(3.) The first point taken before us is that as the prosecution case stands, there is no evidence of taking away or inducing away the wife of the complainant. That appears to be so. The prosecution case never was that the petitioners had taken away or induced away the wife of the complainant. The charge was not for this at all. The charge was for detaining wrongfully the wife of the complainant and not for taking away or inducing away his wife.