ANIL KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) N. S. Gupta, J. This is a criminal revision against the judgment and order dated 28-6-1982 passed by Sri Prahlad Narain the then District Sessions Judge, Gorakhpur in Criminal Appeal No. 82 of 1982, dismissing the appeal and maintaining the conviction of the applicant-revisionist under Section 494, I. P. C. and sentence of two years R. I. and fine of Rs. 2,009 imposed by the Munsif Magistrate, VIII Gorakhpur in Case No. 1298 of 1981 as per his judgment and order dated 24-3-1982. The facts of the case briefly stated are as follows.

(2.) THE opposite party Smt. Maya Devi, PW 6 filed a criminal complaint on 20-7-1976 in the Court of Chief Judicial Magistrate, Gorakhpur with the allegations that she was a legally wedded wife of accused revisionist Anil Kumar Srivastava. Having been married with him according to Hindu reties on 9th July, 1970. A son was born to her out of her union with the accused revisionist Anil Kumar Srivastava. THE com plainant pleaded that at the time of her marriage, the revisionist was employed in the Income Tax Department at Maradabad. He became addicted to intoxication. His services were subsequently terminated, because of the bad habit. He started misbehaving with the complainant. His mother Smt. Shanti Devi contributed to the atrocities of the accused revisionist. THE accused-revisionist had gone to the extent of assaulting the complainant and threatening to kill her and her son. THE complainant maintained that the accused revisionist in connivance with his parents re-married with Smt. Asha Devi in the intervening night of 13/14-7-1975.

(3.) I have heard Sri K. C. Saxena, learned counsel for the revisionist and Sri Vijai Bahadur learned counsel for the respondent Smt. Maya Devi and Additional Government Advocate for the State, considered their contentions and have gone through the facts and circumstances of the case.