JAGDISH PRASAD Vs. STATE AND ORS.

JUDGEMENT

(1.) AGGRIEVED by the judgment of conviction dated 14.09.1999 and order on sentence dated 24.09.1999 passed by the learned Metropolitan Magistrate, convicting the petitioner under Section 494 IPC and awarding the sentence to undergo rigorous imprisonment for a period of three years and fine of Rs.2,000/ - for offence under Section 494 IPC, in default to further undergo six months simple imprisonment and upholding the judgment of conviction and sentence by the learned Additional Sessions Judge vide judgment dated 28.07.2008, the present revision petition has been filed by the petitioner. However, the sentence was modified from three years rigorous imprisonment to one year rigorous imprisonment. The petitioner was also directed to pay compensation of Rs.25,000/ - to the complainant.

(2.) FACTUAL matrix, as emerges from the record, is that one Smt. Kailash Wati (respondent No.2) filed a criminal complaint against the petitioner and other accused persons. It was alleged that marriage of the petitioner and respondent No.2 was solemnised in the year 1951. They remained together from 1951 to 1958 and from March, 1968 to April, 1968. Three children were born out of the wedlock. Thereafter, they separated. The complainant filed maintenance proceedings in which the maintenance was allowed, whereas the petitioner filed proceedings for judicial separation which was dismissed. It was alleged that during subsistence of marriage, petitioner performed another marriage with Har Pyari. Since the petitioner had committed the offence of bigamy, the criminal complaint was filed by the respondent No.2 against petitioner and other accused persons.

(3.) TO prove its case, the complainant/respondent No.2 examined 6 witnesses. After conclusion of complainant evidence, the statements of the petitioner and other accused persons were recorded under Section 313 Cr.P.C. in which they had claimed innocence. The learned Metropolitan Magistrate vide judgment dated 14.09.1999 held the petitioner guilty for the offence punishable under Section 494 IPC and convicted him for the said offence. The order on sentence was passed on 24.09.1999. The other co -accused were acquitted of the charges framed against them.