BAHURAN Vs. SHIV KANTI

JUDGEMENT

(1.) Heard. The applicant has filed this petition against the order dated 25-6-2002 passed by the Addl. Sessions Judge, Janjgir. The respondent No. 1 filed an application under Section 125 of the Cr.PC for grant of maintenance from the petitioner. The learned Trial Court dismissed the application by order dated 4-7-2001. Against the said order, the respondent No. 1 filed a revision before the Revisional Court which is still pending. However, the Revisional Court on 25-6-2002 passed an interim order by which the respondent No. 1 is permitted to produce certain documents in the case. One of the question arose was whether the marriage of the applicant with respondent had taken place before the death of first wife or subsequent thereto. During the pendency of the revision, the respondent filed a death certificate of Durgabai to contend that she had died before her marriage.

(2.) Learned Counsel for the applicant/husband contended that the Revisional Court was not justified in taking the document on record. This contention is repelled by the learned Counsel appearing for the State. The Revisional Court has the same power as that of Appellate Court. In this regard, Sub-section (1) of Section 399 and Sub-sections (1) and (2) of Section 401 of Cr.PC are relevant and quoted below :--

(3.) In the instant case, Durgabai admittedly was wife of the applicant. Relationship between husband and wife is such which has to be within the knowledge of husband and death of wife has also to be within the knowledge of the applicant. The death certificate has been filed. Opportunity has been given to him to rebut. The provision of Sections 106, 107 and 108 of the Evidence Act is pertinent and quoted below:--