DARGARAM Vs. STATE OF RAJASTHAN AND ORS

JUDGEMENT

(1.) The instant cr. appeal has been filed by the complainant Darga Ram S/o Prema Ji, resident of village Nana, Tehsil Bali, District Pali under Section 378(4) of the Cr.P.C. against the judgment dated 26.9.2013 passed by the learned Judicial Magistrate, First Class, Bali, District Pali whereby the learned trial court acquitted the respondents from the charge under Section 500 IPC.

(2.) As per the brief facts of the case a complaint was filed by the appellant-complainant in the court of learned Judicial Magistrate, First Class, Bali, District Pali alleging therein that he is resident of village Nana and the respondents nos. 2 and 3 are resident of the same village and belongs to his community. As per the allegation in the complaint, there was a dispute with Mota Ram respondent no.2 with regard to a plot in the village and due to the said rivalry when the marriage of his son Bhoma Ram was going to be solemnized on 10th June, 1998 with the daughter of Magnaram Meghwal a false complaint was made by the respondents before the Police Station, Bali in which to defame the appellant a wrong allegation was made that appellant is going to solemnize marriage of his minor son Bhoma Ram with the minor girl. On the basis of aforesaid report, the police authorities came at the residence of the appellant and the atmosphere of marriage was changed in a sorrow so also the relatives, friends and the guests left the house. The police made an inquiry with regard to age of his son and daughter-in-law upon which documents of age of his son were shown and after satisfaction, the police party returned back but due to said false complaint, the complainant suffered defamation in the society, therefore, the appellant prayed that respondents may be punished for their alleged offence punishable under Section 500 IPC.

(3.) The complainant served a notice to pay compensation of L 25,000/- for mental agony suffered by him but no compensation is given by the respondents. Thereafter, the complaint was filed in the court in which statement under Section 200 and 202 Cr.P.C. were recorded by the trial court and on the basis of statements and documents cognizance was taken by the trial court against the respondents vide order dated 19.1.2001. The learned trial court after the trail for offence under Section 500 IPC acquitted the respondents from the charges leveled against them vide impugned judgment dated 26.9.2013.