LAXMI DEVI Vs. KAUSHAL KUMAR AND OTHERS

JUDGEMENT

(1.) This complaint appeal has been filed for setting aside judgment and order dated 15.2.1993 passed by Sri Chandra Bhusan Dewedi, Judicial Magistrate, Ist Class, Jamshedpur, East Singhbhum in Crl. Case No. 119/90, T. R. No. 623/93 whereby he acquitted the accused-respondents. Earlier, SLA was granted by a Bench of this Court on 21.7.1993 in SLA No. 5/99 (R) and thereafter, this appeal has been filed.

(2.) The brief facts leading to this appeal appears to be as follows. The petitioner-appellant Laxmi Devi filed a complaint against the respondents, OPs before the ACJM, Jamshedpur stating inter alia that she was married to Kaushal Kumar, respondent No. 1 on 15.5.1981. The marriage was solemnised according to the Hindu rites and customs at the residence of the complainant- appellant. After the marriage, she came to the residence of respondent No. 1, Kaushal Kumar and started residing with him as husband and wife. After two months of marriage, the respondents started torturing the complainant-appellant to fetch dowry from her parents which was turned down by her as a result the respondents started abusing her. The husband of the complainant-appellant, namely, respondent No. 1 got an illicit connection with another lady Chunnu Kumari. The complainant- appellant protested but there was not only any impact on her husband (respondent No. 1) but he also subjected her (appellant) to physical and mental torture. Subsequently, the complainant gave birth to a female child and this created more complication and the complainant-appellant was subjected to humiliation by the respondents. They also drove her out from their residence. The complainant-appellant, thereafter, filed a maintenance case in the Court of Magistrate which was subsequently allowed. The respondent No. 1 paid three monthly instalments and subsequently stopped payment. A compromise was arrived at wherein respondent No. 1 took her back in his house and the complainant-appellant again started living in the house of respondent No. 1. The complainant-appellant again gave birth to a female child. So, she was again driven out from her in-laws house. Subsequently, the respondent No. 1, husband of the complainant-appellant, again married Chunnu Kumari, respondent No. 4. On 15.1.1989 at village Chaura Chouri in the district of Gorakhpur. This fact was suppressed by respondent No. 1 before the complainant-appellant. Subsequently, the respondent No. 1 confessed this fact in writing before the panchayat. Hence, the complainant-appellant filed the instant complaint-petition before the Chief Judicial Magistrate who took cognizance of the offence after examining the complainant-petitioner on solemn affirmation and issued notice to the respondent for facing trial. Subsequently, the case was tried under Sections 494 and 498-A, IPC. Charges were framed against the respondent No. 1, Kaushal Kumar under Sections 494 and 498-A, IPC and against the respondent No. 4, Chunnu Kumari, under Sections 494/109, IPC and the rest of the accused-respondents under Sections 498-A/34, IPC. On trial, the Magistrate found the accused-persons not guilty for the respective charges framed against them and they were, accordingly, acquitted.

(3.) Being aggrieved and dissatisfied with the aforesaid order the complainant-appellant filed SLA No. 5/93 (R) which was allowed by a Bench of this Court as mentioned above and, thereafter, this appeal has been filed.