(1.) The State in this appeal has called in question the judgment passed by the learned S.D.J.M., Karanjia in G.R. Case No. 335 of 1994 (T.C. No. 52 of 1995) acquitting in the respondent of the charge under Sections 498-A and 323 of the I.P.C.
(2.) The fact of the case of the prosecution is that the respondent had married P.W.3 daughter of Kunu Ghana who used to reside in the same hamlet of the village Kulundi under Jashipur Police Station in the district of Mayurbhanj where the respondent's permanent residence is situated. The marriage had taken place on 5-4-1994 in the Shiva temple situated at Jashipur. It is further stated that after the marriage, the Respondent began to ill-treat his wife and on 30-11-1994 during noon hours, she was assaulted by the Respondent, when she raised cry, inviting the attention of her elder father Ugrasen Ghana. He then arrived and protested to such assault by the Respondent and took Latika to his house. The villagers then wanted to have an amicable settlement of the matter but that failed. So, it was orally reported at the Police Station on 6-12-1994. That is how the case came to be registered and finally on completion of the investigation, the Respondent being placed to be tried in the said offences, the trial commenced and culminated as stated above.
(3.) The Respondent during the trial took the plea of complete denial and false implication while denying the factum of marriage and the status of this RW.3 as his wife.