KALI RAM Vs. NANAK CHAND AND OTHERS

JUDGEMENT

(1.) This appeal under Section 378(4) of the Cr. P. C. has been filed by Kali Ram against the judgement and order dated 28.06.1982 passed by 5th Additional Munsif Magistrate, Saharanpur acquitting the respondents in Criminal Case No.66 of 1982 - Kali Ram Vs. Nanak Chand and others under Sections 494 / 109 I.P.C.

(2.) The appellant - Kali Ram filed criminal complaint against 9 persons alleging that Urmila was his legally married wife and had also given birth to one female child out of their wedlock and after living for about 4 years with the appellant she had been enticed away by one Nanak Chand without dissolution of her marriage with the appellant. Urmila had illegally married with Nanak Chand and the rest of the accused had been part and parcel of the said offence. On the complaint the accused were summoned and charges were framed against them. During the trial the parties led evidence.

(3.) The prosecution led five witnesses namely, Kali Ram P.W. I ; Geeta Ram, P.W. II; Darshan Lal P.W. III; Babu Ram IV; Ram Nath P.W. V. In addition to the oral evidence the prosecution also filed documentary evidence in the form of voter list and extract of the pariwar register to establish that Urmila was the legally wedded wife of Kali Ram.