ANANDRAO TULSIRAM BHAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by special leave from a judgment of the Bombay High Court

(2.) The conviction of Anandrao appellant under Section 494, Indian Penal Code, was upheld by the High Court and he was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rupees 500/-. In default he was to suffer further rigorous imprisonment for three months. The conviction of the appellant Tulsiram who is his father under Section 494 read with Section 114 was upheld and he was sentenced to undergo rigorous imprisonment for three months and pay a fine of Rupees 300/-. In default he was to undergo further imprisonment for one month.

(3.) The appellant Anandrao was married to Yamnabai about 9 or 10 years before she filed a complaint on February 24, 1966 alleging that she had been driven out of her house by her husband some years earlier and then he had contracted a second marriage with one Asrabai alias Suman. This marriage was celebrated on February 24, 1965 at Arangaon in Ahmednagar District. She further alleged that the parents of Anandrao and of his second wife Asrabai as also two priests who had officiated at the marriage had all aided and abetted the celebration of the second marriage which was wholly illegal and by celebrating which Anandrao was guilty of offence under Section 494 of the Indian Penal Code. Originally 8 persons were tried including the second wife, the respective parents of the husband and the second wife and the two priests on charges under Section 494 etc. of the Indian Penal Code. The trial Magistrate, however, gave them benefit of reasonable doubt and acquitted them. An appeal was taken to the High Court by special leave under Section 417 (3) of the Criminal Procedure Code by Yamnabai.