KIRAN DEVI Vs. THAKUR DAS

JUDGEMENT

(1.) THE facts of this revision petition are that Mst. Kiran Devi filed a complaint in the court of the Judicial Magistrate, Bikaner, on 19th September, 1970, that she was married to accused No. 1, Thakur Das on 10th February, 1969. But on 24th June, 1970, he married accused No. 2 Mst. Baodi alias Mst. Pushpa in conspiracy with the remaining other 10 accused persons. She brought a complaint that the accused have committed an offence under Section 494/100 IPC and should be punished for the same.

(2.) THE learned Magistrate issued process against all the accused persons named in the complaint but since the warrants of Mst. Pushpa and her father remained unserved, he appears to have dropped the proceedings against them. After recording the evidence of five witnesses, the learned Magistrate by his order dated 11th September, 1972, discharged the remaining accused persons as well. He held that it was not proved that the marriage between Thakur Das and Mst. Pushpa was solemnised in accordance with law. A revision was taken against this order but it was dismissed by the learned Sessions Judge on 5th March, 1973. The learned Sessions Judge discussed the evidence and had come to a similar conclusion. So aggrieved, Mst. Kiran Devi has filed this revision petition in the High Court.

(3.) AS far as non -examination of the accused is concerned, it cannot be considered an illegality because it was a matter in the discretion of the Magistrate. As regards that only 5 witnesses were examined, it was pointed out by the learned Counsel for the respondents that complainant was given several adjournments and it was she herself who closed the evidence. Therefore, the Magistrate is not to blame for the non -examination of the remaining witnesses of the prosecution.