GEETA DEVI Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) Instant revision petition has been filed against the judgment dated 08.06.2015 passed by the learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Merta, District Nagaur whereby the learned Judge has dismissed the petitioner's appeal and affirmed the order dated 29.01.2010 passed by the learned Judicial Magistrate, First Class, Merta, District Nagaur, whereby the learned Magistrate acquitted the accused-respondents from the offence under Sections 494, 494/109 IPC.

(2.) The brief facts of the case are that the petitioner Geeta Devi filed a complaint before the learned Judicial Magistrate, First Class, Merta alleging that her marriage was solemnized with the accused Manoj Kumar on 13.05.1994 as per Hindu customs and rites at Merta Road. The marriage of petitioner's elder sister Pushpa Devi was also solemnized on the same day with Surendra Kumar. Surendra Kumar is uncle of Manoj Kumar. The death of Pushpa Devi occurred in the month of January, 1997 in unnatural circumstances due to harassment by her in-laws. The last rites of Pushpa Devi were performed without informing her parents. It is further alleged that after two days of marriage, the petitioner returned to her parental house along with his brother. The accused Manoj Kumar on 06.03.2002, despite having living wife and without dissolving the first marriage solemnized the second marriage with Asha Devi as per Hindu customs and rites and other accused-persons by hatching the conspiracy solemnized the marriage of Manoj Kumar with Asha Devi. On reading the magazine published in March 2002 by her community, the petitioner came to know about the second marriage of the accused Manoj Kumar with Asha Devi.

(3.) The learned trial court sent the said complaint for enquiry and after enquiry the learned trial court took cognizance for offence under Section 494 IPC against the accused Manoj Kumar and Asha Devi @ Pinki and for offence under Section 494/109 against the other accused-respondents and summoned them.