NIRMAL SHARMA Vs. SHAM LAL
LAWS(J&K)-2006-9-17
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 29,2006

NIRMAL SHARMA Appellant
VERSUS
SHAM LAL Respondents

JUDGEMENT

- (1.) THIS Criminal Acquittal Appeal is directed against the judgment /order dated 17.7.2000 passed by the learned Sessions Judge Jammu in File No.252/Sessions titled as Smt Nirmala Sharma vs. Sham Lal & Ors. (Complaint under sections 494/109 RPC) whereby and where under complaint came to be dismissed and accused came to be acquitted, which shall be hereinafter referred as impugned judgment.
(2.) BRIEFLY put the case of the prosecution -complainant -appellant is as follows: - Complainant Smt. Nirmal Sharma claimed that she had contracted marriage with accused Sham Lal as far as back as on 14.7.1980 and thereafter lived with the accused -rrespondent No 1 in his house. They have one son out of their wedlock. In the months of May and June 1995 accused -respondents No. 1 to 3 started beating her and ultimately turned her out of residence of accused No.1 alongwith her son, namely Master Milap Sharma and is residing with her sister. Accused -respondent No.1 Sham Lal has contracted 2nd marriage with Smt. Rama Sharma accused -respondent No.4 on 2.7.1995 without knowledge and consent of the complainant -appellant. The other accused -respondents abetted accused -respondents No. 1 and 4.
(3.) COMPLAINT came to be filed before Chief Judicial Magistrate, Jammu who after taking cognizance issued process and committed the complaint to the trial court i.e. Sessions Court, Jammu. The learned Sessions Judge after hearing the arguments framed charge against accused Respondents No. 1 to 6 and discharged the accused -respondents No. 7 to 12 vide order dated 27.7.1996. Complainant -appellant examined PWs Vishwa Mitter, Sham Lal, Girdhari Lal and Prem Sharma as her witnesses and also her statement was recorded. Feeling aggrieved of the impugned judgment the complainant/appellant has preferred this appeal. It is profitable to give brief resume of the prosecution evidence herein. ;


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