- (1.) THIS revision application has been filed by the petitioner for quashing the order dated 3.5.2006 passed by Sri S.K. Singh, Judicial Magistrate, Madhupur, Deoghar in G.R. Case No. 438 of 2002/T.R. Case No. 248 of 2006 whereby the petition dated 16.7.2004 filed by the petitioner is rejected where he has prayed for taking legal action against one Kaushaliya Devi, wife of Balo Rajwar for impersonating Sushila Devi who is another wife of Balo Rajwar who is charge sheet witness.
(2.) THE prosecution case in short is that a case has been registered under Sections 341, 323 and 504/34 of the Indian Penal Code against five persons including the present petitioner. After completion of the investigation, the I.O. has submitted the charge -sheet against all the five persons and during the trial a lady namely Kaushaliya Devi, aged about 55 years, has been examined as Sushila Devi (PW -5) in the trial court on 15.7.2004. On 16.7.2004, the petitioner who is one of the accused in this case filed an application before the trial court stating therein that Kaushaliya Devi, PW -5 has impersonated Sushila Devi, who is the charge -sheet witness and has given evidence before the trial court. The petitioner's prayer in his petition is for taking legal action against Kaushaliya Devi and the informant and also against the informant's sons . I find from the impugned order and also from the evidence of Kaushaliya Devi that Sushila Devi, first wife of Balo Rajwar, aged about 45 years has been charge -sheet witnesses, but instead of Sushila Devi, Kaushaliya Devi has been examined as a prosecution witness No. 5 in the Court on 15.7.2004. From the evidence of Kaushaliya Devi (PW -5), I find that she has stated that she is Kaushaliya Devi and her age is about 55 years and she is second wife of Balo Rajwar. She has further stated that she is also called as "Kushila" in the village. I find that the deponent is an illiterate villager. She has deposed herself in the court without any fraudulent intention and she has specifically stated in her evidence that her name is Kaushaliya Devi and the name of the first wife of Balo Rajwar is Sushila Devi. I further find that the PW -5 Kaushaliya Devi examined on 15.7.2004 and on that very date Gangadhar Mandai, the petitioner and Lalit Narayan Mandai both accused were present physically in the court, but they have not raised any objection on that very date and just after one day, the petitioner has filed the aforesaid petition i.e. on 16.7.2004.
(3.) IN my view, the learned trial court has rightly rejected the petitioner's application. Therefore, I am not inclined to interfere with the impugned order. Accordingly, this revision application is dismissed.;