BRIJ LAL BISHNOI Vs. STATE

JUDGEMENT

(1.) The prosecution story revolves around four characters, KJ.Bose, Minati Basu, Brij Lal and Tapas Kumar. It is not that there are no other persons involved. There are; but then they move in the periphery - mere side characters introduced to complete some sequences. I shall come to them in due course. First, let me introduce the main characters. KJ.Bose claims to be married to Minati Basu. He was working as a Civilian Store Keeper in the Ordinance Depot, Shakur Basti. Not knowing what was to befall on him, he got Minati Basu also employed in the same Depot. This proved to be his undoing. It so happened that Brij Lal too was working in the same Depot and soon enough Minati found herself drawn into his amorous arms. One day she took her children, bid adieu to the four-walls of the house of Bose and set up an independent establishment of her own. And, with this her liaison with Brij Lal became more pronounced and open and all this despite protests from the character last in the list, namely Tapas Kumar who was none other but one bom from her own womb and from the loins of Bose. She, however, would not relent. Nor would Brij Lal. Rather they started living together. Tapas Kumar thus became a witness to their games of flesh.

(2.) K.J.Bose ultimately filed a criminal complaint against Brij Lal. The charge obviously w as adultery and during the trial besides the complainant himself, Tapas Kumar became all too important a witness and the fact is that in the witness box he minced no words. The trial thus saw Brij Lal convicted under section ; 497 of the Indian Penal Code with an order to undergo rigorous imprisonment for a period of two years. This a was challenged but the appeal too w as dismissed. He has thus knocked at this court.

(3.) Mr. Sethi who appears for the petitioner has pressed this criminal revision only on one point. He says that the evidence on record does not prove that Minati was married to K. J. Bose. Surely, if it is so, the entire edifice raised by the prosecution would crumble to the ground.