SITARAM Vs. JAGANNATH

JUDGEMENT

(1.) THIS is a revision application on behalf of Sitaram Mali and Mst. Maina against their conviction under sec. 494 of the Indian Penal Code.

(2.) MST. Maina is legally married wife of complainant Jagannath. Their marriage took place on 14. 5. 1945. Jagannath Mali filed a complaint in the Court of the Magistrate, Ajmer on 9. 6. 55, alleging that MST. Maina had married Sitaram accused on 7. 5. 1955. It is alleged that he had some land in Akola and in his absence his wife MST. Maina lived with her father Tikuji. After the death of her father, she resided with Sua Ram and Ram Piari, who were also accused in the trial Court. Ram Piari was sister of MST. Maina and Sua Ram was husband of Ram Piari. The case was tried by the Magistrate First Class, Ajmer and the learned Magistrate convicted MST. Maina under sec. 494 I. P. C. and sentenced her to undergo rigorous imprisonment for 6 months and to pay a fine of Rs. 100/- in default of payment of fine to undergo further R. I. for 2 months. Sitaram was convicted u/s. 494/109 I. P. C. and sentenced to undergo 6 months R. I. and to pay a fine of Rs. 100/- in default of payment of fine to undergo 2 months R. I. The other two accused Suaram and Rampiari were acquitted.