- (1.) THIS is an appeal against the order of acquittal dated 7.4.1999 passed by Judicial Magistrate, 1st Class, Madhupur at Deoghar in P.C.R. Case No. 237 of 1995/Tr. No. 248 of 1999 by which the respondents were acquitted of the charges under Sections 494/109 and 498A/ 109 of the Indian Penal Code.
(2.) BRIEF facts leading to this appeal are that the appellant Rajkumar Pandit has filed a complaint case against five persons alleging therein that Aruna Devi, his sister, was married with respondent no. 1 Jainandan Pandit in the year 1989. However, because of non -fulfillment of dowry demands, said Aruna Devi was ill -treated and thrown out of her matrimonial house. It is further asserted that after sometimes, the. respondent no. 1 married again with respondent no. 5 Meera Devi on 31.11.1995. Therefore, the said complaint was lodged before the Court of learned Chief Judicial Magistrate, Deoghar. The learned Chief Judicial Magistrate, Deoghar took cognizance and transferred it for trial to the Court of Judicial Magistrate, 1st Class, Madhupur at Deoghar. The said case was tried and finally disposed of acquitting the respondents. The present appeal has been preferred mainly on the grounds that the respondent no. 1 has been directed by the Court of District Judge, Deoghar in Matrimonial Suit No. 14 of 1996 by order dated 7.5.1999 to pay maintenance to Aruna Devi. Apart from other facts asserted in this memo of appeal, it is submitted that the learned trial court has misconstrued evidence on point of law and facts. There -tore, the appeal may -be allowed setting aside the order of acquittal.
(3.) PERUSED the lower court records and the impugned judgment. The learned court below has considered the evidence available on records in details and found that the second marriage of respondent Jainanda Pandit with Meera Devi has not been proved beyond doubts. Accordingly, the respondents were acquitted of the charges.;