NEPAL Vs. STATE OF U P

JUDGEMENT

(1.) This revision filed by Nepal applicant impugning his conviction under Section 494/109 I.P.C., was admitted by this Court on the question of sentences only.

(2.) Initially, applicant and others were prosecuted under Section 494/109 I.P.C. on a complaint filed by Smt. Urmila Devi and they were tried by Sri B.K. Sharma, Special Judicial Magistrate Bulandshahr in Criminal Case No. 106 of 1982 Smt. Urmila v. Nepal and Ors., the learned Magistrate upon a consideration of the material son record, recorded a finding of conviction against the applicant under Section 494/ 109 I.P.C. and sentenced him to undergo R.I. for two years and further to pay a fine of Rs. 2000/- under Section 494 I.P.C. accused Umrao was sentenced for 18 months R.I. under Section 494/109 I.P.C. and Rs. 1500/-as fine. The learned Magistrate also recorded conviction against Smt. Dhapo and sentenced her to pay a fine of Rs. 1500/. The remaining accused persons Jagram and Smt. Rohati were acquitted. Aggrieved, the applicant and two others went up in appeal before the Sessions Judge Bulandshahr which came to be heard by Additional Judge Bulandshahr Sri M.L. Sharma. The learned Additional Sessions Judge upon a consideration of the facts and circumstances on record, dismissed the appeal of the applicant Nepal. The appeal of Umrao and Smt. Dhapo was allowed and they were purged of the charges.

(3.) The facts of the case are that during the life time of Smt. Urmila Dev,, the 1st wife of the applicant, Nepal has contracted and solemnised a second marriage with Smt. Saroj on 31-1-79 according to Hindu rites and out of the union of the applicant and his second wife, a daughter was also born. Despite attempts to dissuade the applicant from contracting a second marriage and vis-a-vis the fact that a stay order was also obtained from Civil Courts injuncting the applicant to refrain from contracting second marriage and also in view of the fact that the witnesses Phul Singh, Virpal, Mohanlal and others tried to prevail upon the applicant he contracted the second marriage with Smt. Saroj. After the marriage of the applicant with Smt. Saroj, the complainant filed a complaint against the applicant and others and the Court below on 15-12-82 after recording the statements of the complainant and the witnesses under Sections 200 and 202 Cr.P.C. framed charges under Section 494 I.P.C. against accused Nepal and under Section 494/109 I.P.C. against remaining accused persons. The applicant and others pleaded not guilty to the charge.