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1957 Supreme(HP) 2

RAMABHADRAN
STATE OF HIMACHAL PRADESH – Appellant
Versus
MT KALA – Respondent


Advocates:
Advocate Appeared:
N. D. Gupta, H. C. Anand, Bhagu, Sohnu

Judgment

Ramabhadran, CJ

[1] The four respondents were charged with offences punishable under Sections 363 and 366, I. P. C., in the Court of Mr. Hardayal, Magistrate first class, exercising Section 30 powers, Bilaspur. The learned Magistrate came to the conclusion that the charges were not proved beyond reasonable doubt. Accordingly, he acquitted the respondents. The State Government has come up in appeal against that order of acquittal under Section 417, Cr. P. C.

[2] The prosecution story, briefly, is as follows: Mt. Roshni the alleged victim in this case, is the daughter of one Nikru of village Kolhwin, P. S. Sadar. She was first married to one Lekh Ram of village Kandror about three years ago. That marriage was dissolved and she was, allegedly, married for the second time to one Ram Lal of village Tarer in Phagun 2011 B. Mt. Roshni's brother Kishan Dayal, was first married to one Ganga Devi, cousin of Lekh Ram aforesaid. That marriage was also dissolved.

In or about Phagun 2011 B., Kishan Dayal was married for the second time to one Mt. Kashi, who is none other than the sister of Mt. Kala and Tulsi, accused-respondents 1 and 2. The prosecution case is that after living for some m














































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