JUDGMENT

Ratnaparkhi. J -An order of acquittal passed' by the Judicial Magistrate, First Class, Mehkar on 3-8-1982 acquitting the accused Nos. 1 and 7 of the offence punishable under section 494 of the Indian Penal Code and the accused Nos. 3, 4, 5, 6 and 9 of the offence punishable under section 494 read with section 109 or in the alternative read with section 34 of the Indian Penal Code in Criminal Case No. 502 of 1977 has been challenged in this appeal.

2. Nivrutti Nimbha Chavan is a resident of village Nimbha in Mehkar Tahsil of Buldana district. He married the complainant-appellant Ramabai about 7 or 8 years prior to the initiation of these proceeding. After the said marriage, Ramabai was staying with Nivrutti at the matrimonial house. Thereafter, according, to the complainant, she was ill-treated, and ultimately driven out. Since then she is staying with her parents at the village Shelgon Kakda in the same Tahsil add District.

3. On 22nd April 1977, according to the complainant, respondent No.1 Nivrutti married respondent No.7 Viju at the village Kalpira in Mehkar Tahsil. All the ceremonies essential' for the marriage were performed. Since then' Viju is staying with Nivrutti