SANJUKTA DEVI Vs. DINESH PRASAD SAH AND ANOTHER

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the opposite party No. 1.

(2.) In this application, the petitioner has challenged the judgment of acquittal dated 1.10.2001 passed by Shri. Ajit Kumar, learned Judicial Magistrate, 1st Class, Godda in P.C.R. Case No. 377 of 1994/T.R. No. 4 of 2001, by which the accused persons were acquitted for the charges levelled against them u/S. 494 of the Indian Penal Code (IPC).

(3.) The prosecution story as would appear from the complaint petition instituted by the complainant, petitioner herein, is that the petitioner was married with the opposite party No. 1 since about 10 years back and were living as husband and wife. On account of torture meted out to her by the opposite party No. 1, the petitioner was compelled to go out from her matrimonial home. It has been further alleged that on a maintenance case being filed by the petitioner, an order was passed for maintenance of Rs. 150/- per month. It has also been alleged that on coming to know that the opposite party No. 1 has brought another girl for the purposes of solemnization of marriage, she went and prevented the opposite party No. 1 from getting married with that girl, as a result of which she was beaten by the petitioner. It has also been stated in the complaint petition that in spite of her trying her level best, the opposite party No. 1 got married with the opposite party No. 2 and a Panchayati was also called, but the dispute could not be settled.