RAM PYARI Vs. BISALA RAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Chief Judicial Magistrate dated May 4, 1978 wherby the learned Magistrate has acquitted the accused-respondents Bisalaram, Chainaram, Mst. Shyokori, Malaram, Smt. Kasturi, Kanaram and Smt. Ladu of the offences under ss. 494 and 494 read with s. 109 IPC.

(2.) THE facts necessary to be noticed for disposal of this appeal briefly stated are that the appellant Rampyari is the married wife of accused Bisalaram. Her marriages with Bisalaram was performed on Chet Vadi-1 Samvat-2024 in village Kamasar according to Hindu customs and rites. She remained with him as his wife upto Samvat 2030. Later, it is alleged that Bisalaram bate her and turned her out of his house and on Pratham Bhadwa Sudi-11, Samvat 2031, accused Bisalaram performed his second marriage with Mst. Kastoori daughter of accused Kanaram in village Ramsisar. Accused Chainaram and Mst. Shyokori are the father and mother of accused Bisalaram. Malaram is the brother of accused Bisalaram. It is alleged that accused Chainaram, Shyokori and Malaram instigated accused Bisalaram to contract the second marriage. Accused-respondents No. 6 and 7 viz. , Kanaram and Smt. Ladu are the father and m her of Smt. Kastoori. It is alleged that Kanaram and Smt. Ladu knowingly married Mst. Kastoori with Bisalaram that Bisalaram has already married Mst. Ram Pyari and hence, this complaint was filed against all these 7 accused persons. After enquiry under ss. 209 and 202 Cr. P. C, the case against all the 7 accused persons was registered and certain witnesses were examined and then charge under s. 494 IPC was framed against accused Bisalaram and charge under ss. 494 read with s. 109 IPC was framed against the remaining 6 accused-persons.

(3.) P. W. 3 Suganaram is the father of complainant Rampyari. He has not seen the marriage ceremony. He was only informed about it by one Ramlal (P. W. 2 ). Similar Is the case of P. W. 4 Bhuraram, who too has not seen the marriage of Mst. Kastoori with Bisalaram. Both these witnesses have proved that the marriage of Mst, Rampyari was performed with accused Bisalaram and that, of course, has not been contested by the defence also and, therefore, so far as their testimony as regards the marriage of Mst. Kastoori with accused Bisalaram is concerned, it is only a hear-say testimony. So for as the testimony of P. W. 5 Maloonm and P. W. 6 Badri Pd. are concerned, they do not throw any light on the fact as to whether accused Bisalaram contracted the second marriage with Mst. Kastoori on Pratham Bhadwa Sudi-11 Samvat. 2031.