ANIL KUMAR Vs. PREETHA S P

JUDGEMENT

(1.) Revision petitioner is the first accused in C.C.No.824 of 2005 of the Judicial First Class Magistrate Court-I, Neyyattinkara.

(2.) First accused had married the first respondent herein on 31.03.2001. During the subsistence of marriage, there were allegations that, revision petitioner harassed the defacto complainant and misused her entire gold ornaments. It is alleged that, during the subsistence of the marriage, he married the second accused on 11.07.2004 in accordance with the religious rites and customs, at Guruvayoor temple. A male child was born to them on 14.06.2005. According to the first respondent herein, she came to know about this relationship on 14.05.2005, when a medical slip accidentally slipped from the pocket of the first accused, which was seen by the first respondent. She questioned the revision petitioner who admitted his relationship with the second accused. Hence, she laid a private complaint alleging offence punishable under section 494 r/w 34 of the Indian Penal Code.

(3.) Before the trial court, accused appeared and denied the charges. Evidence was let in by both sides. On the basis of the evidence let in, court below arrived at a conclusion that, prosecution has succeeded in proving the guilt against the first accused for offence under section 494 IPC. The first accused was convicted and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.10, 000/- and in default to undergo rigorous imprisonment for six months. Aggrieved by the above, petitioner preferred an appeal before the Additional Sessions Court-I, Thiruvananthapuram, which by its judgment in Crl.Appeal.No.177 of 2011 dismissed the appeal confirming the conviction and sentence. This is under challenge in this proceeding.