D.D.Seth, J. - (1.) This reference has been made to this Court by the learned Additional Sessions Judge, Bareilly, and arises out of proceedings under section 494 read with section 109, I. P. C.
(2.) The facts of the case, briefly put, are that one Smt. Ramkali, on 28th October 1965, filed a complaint before the learned Magistrate 1st class, Bareilly, stating therein that she was the married wife of Rajju Gir having been married to him six years earlier according to Hindu rites. Her complaint was that three years before the filing of the complaint her husband had turned her out of the house and had married another woman, Smt. Munni Devi, the applicant, who is her own cousin sister, Thus Smt. Ramkali alleged that her husband Rajju Gir had committed an offence punishable under section 494, I. P. C., and her case against Munni Devi was that since she abetted the offence committed by Rajju Gir she was also guilty under section 4-94 read with section 109, I. P. C.
(3.) The learned Magistrate examined three witnesses, namely Smt. Ramkali, Sri Nathu Lal and Dhakan Lal, on behalf of the prosecution under section 25 -, Criminal Procedure Code. Smt. Ramkali, the complainant in her statement, made before the learned Magistrate, stated that she was married to Rajju Gir according to Hindu rites and the marriage was performed by Durga Dutt Pandit. She further stated that at the time of her marriage 'Bhanwren waigaira pari theen.' She further stated that three years before the filing of the complaint she had been turned out by her husband from his house and that as long as she lived in her husband's house he treated her very badly and forcibly took away a few things belonging to her. She also stated that Smt. Munni Devi was her cousin sister and that Rajju Gir had married her in the year when the complaint was filed. The second marriage according to Smt. Ramkali was also performed according to Hindu rites. She stated that the second marriage was also performed 'Bhanwren waigara parkar hui.' Nathu Lal and Dhakan Lal, the other two witnesses, produced on behalf of the complainant, corroborated the statement of Smt. Ramkali and stated that both the marriages of Rajju Gir were performed according to Hindu rites and in both the marriages 'Bhanwren parin theen.';