IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (U/S) No.28 of 1998 IN SLA 47/96 --------- Against the judgment dated 26.2.1996 passed by shri Prem Kumar Rai, Sub-divisional Judicial Magistrate, Jehanabad in complaint Case No. 17 of 1987. =========================================================== Smt. Rita Devi wife of Ram Binoy Sharma, resident of village Baraki Murari, Plice Station Kako, District Jehanabad, at present village Supi, P.S. Makhdumpur, District Jehanabad .... .... Appellant/s Versus 1.Ramchandra Singh son of late Ram Kripal Singh. 2.Lalan Singh 3.Rambinoy Sharma both sons of Ram Chandra Sharma residents of village Barki Murari, P.S. Kako District Jehanabad 4.The State of Bihar .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Suresh Prasad Singh, Advocate (Amicus curiae) For the Respondent/s : Mr. Sujeet Kumar Singh, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL JUDGMENT The 30th September 2011. (Per: HONOURABLE MR. JUSTICE GOPAL PRASAD) This appeal is directed against the order of acquittal passed by Prem Kumar , S.D.J.M, Jehanabad in complaint case No. 17 of 1987 for the offences punishable under sections 494/109 of the Indian penal Code. The complaint proceeded and after taking cognizance during the trial six witnesses have been examined. However five witnesses were examined by the prosecution and six witnesses were examined as court witness. On taking into consideration the evidences, the trial court found that the witnesses examined in the case on the point of remarriage of the accused Ram Binay Sharma only C.W.1 and C.W.2 are eye witness and others are only a hear 2 say witnesses . The statement of C.W.1 and C.W.2 are found to be chance witness of the alleged occurrence of remarriage where as C.W.1 has stated that he witnessed the remarriage of accused Ram Binay Sharma with the daughter of Ram Pravesh Singh but he has not stated about the custom and the manner of the marriage which establish the marriage in Hindu religion. The court witness no.2 though have also stated about the marriage but he has also stated nothing about the performance of the essential ceremony of the marriage according to the Hindu religion like Satpati and other. Taking into consideration the evidence in the crossexsamination of C.W. 1 that they have participated in the marriage and further evidence of C.W.4 at para 17 that Ram Binay Sharma had gone to village in the marriage negotiation . P.W.1 to 6 has not stated anything about the essential ceremony required to be solemnization of the marriage of the accused with the daughter of Ram Pravesh Singh and hence charge of offence under section 494 had not been made out in the absence of proof of marriage. From the perusal of the record I find that the witnesses have not supported the performance of the marriage. Hence I find that the order or acquittal has been passed on sound reasoning and hence no interference. I do not find any merit in the appeal and the same is dismissed. (Gopal Prasad, J) Patna High Court, The 30th September, 2011 Rahman/(N.A.F.R)