RESHMI KEWTAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal has been preferred by the complainant of P.C.R. Case No. 11 of 1990 against the judgment and order of acquittal by which the learned Sessions Judge acquitted the respondent from charge under Sec. 494 of the Indian Penal Code in Criminal Appeal No. 9 of 1994 by order dated 8th September, 1994.

(2.) BRIEF facts leading to this appeal are that the complainant Reshmi Kewtain was married with respondent Shivlal Kewat for nearby six years when she was thrown out of the matrimonial house for non -fulfilment of dowry demands. She further asserted that on 28.2.1990 the respondent married with another lady Binda Kewtain. The complainant brought a complaint case against the respondent and the nine others on 9.4.1990. The learned CJM after inquiry took cognizance against the respondent only. The Trial Court, SDJM Sahibganj after examining witnesses charged the respondent under Sec. 494 of the Indian Penal Code. The respondent pleaded innocence, however he was held guilty of the charge and sentenced to serve RI for two years and a fine of Rs. 100 in PCR Case No. 11 of 1990 on 2nd May, 1994. The respondent preferred criminal appeal and the learned Sessions Judge, as mentioned above, finally held that the factum of second marriage could not be proved, as such the appeal was allowed setting aside the conviction of the respondent.

(3.) WHEN the case was called out for disposal on merit no one appeared for the appellant. The learned Counsel for the respondent and State assisted the Court in disposal of the appeal on merit. According to this memo of appeal the required proof of performance of second marriage is misleading and the witnesses having asserted that they came to know about the second marriage should not have been accepted a valid piece of evidence.