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1975 Supreme(MP) 66

R.K.TANKHA
Bhunda – Appellant
Versus
Chetram – Respondent


JUDGMENT :

( 1. ) THIS is a petition under Section 417 (3) of the old Crinimal Procedure Code for grant of special leave to appeal against an order of acquittal dated 20-11-1973 passed by the First Additional Sessions Judge, Jabalpur, in Criminal Appeal No. 181 of 1973.

( 2. ) THE facts of the case are that a private complaint was filed by applicant Bhunda for an offence punishable under Sections 497 and 494 of the Indian Penal Code against the non-applicants 1 and 2 respectively with an allegation that non-applicant No. 2 Mst. Nanhi Bai was his legally married wife but during the subsistence of the said marriage she remarried Chetnam (non-applicant No. 1 on 19-7-1968 and thus they committed an offence punishable under Sections 494 and 497 of the Indian Penal Code. The trial Court convicted Chetram under Section 497 and Mst. Nanhi Bai under Section 494 of the Indian Penal Code respectively. In appeal filed by both the accused-nonapplicants they both were acquitted of the respective charges by the learned First Additional Sessions Judge. Hence this petition for grant of special leave to appeal against that order of acquittal.

( 3. ) HAVING heard learned Counsel of the parties, I am of



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