M.S.RATNAPARKHI - (1.) An order of acquittal passed by the Judicial Magistrate, First class, Mehkar on 3-8-1982 acquitting the accused Nos. 1 and 7 of the offence punishable under section 494 of the Indian Penal Code and the accused Nos. 3,4,5,6 and 9 of the offence punishable under section 494 read with section 109 or in the alternative read with section 34 of the Indian Penal Code in Criminal Case No. 502 of 1977 has been challenged in this appeal.
(2.) Nivrutti Nimbha Chavan is a resident of village Nimbha in Mehkar Tahsil of Buldana district. He married the complainant-appellant Ramabai about 7 or 8 years prior to the initiation of these proceedings. After the said marriage, Ramabai was staying with Nivrutti at the matrimonial house. Thereafter, according to the complainant she was ill-treated and ultimately driven out. Since then she is staying with her parents at the village Shelgaon-Kakda in the same Tahsil and District.
(3.) On 22nd April, 1977, according to the complainant, respondent No. 1 Nivrutti married respondent No. 7 Viju at the village Kalpira in Mehkar Tahsil. All the ceremonies essential for the marriage were performed. Since then Viju is staying with Nivrutti as his wife. Accused No. 2 Nimbha was the father of Nivrutti, accused No. 5 Sugandhabai is the mother of Nivrutti. Accused Nos. 3 and 4, husband and wife, are close relations of Nivrutti. Original accused No. 6, Kashinath and respondent No. 7, Janabai are the parents of accused No. 7, Viju. It is the complainants case that accused Nos. 2, 3, 4, 5, 6 and 8 abetted in the completion of that marriage. The complainant has come before the Court with the case that the marriage was performed while the first wife of accused No. 1 Nivrutti was still living and their marriage still continued. Therefore, accused abetted that offence.;