ANWAR AHMED Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The instant revision filed by Anwar Ahmad Applicant thereby impugning his conviction u/Ss. 494/ 109 was admitted on the question of sentences only.

(2.) Initially, the applicant aforesaid was prosecuted u/Ss. 494, 109 and 199, I. P.C. and he was tried by Sri Suresh Chandra, Chief Judl. Magistrate Aligarh in Criminal Case No. 802 of 1988 Usman Khan Versus Anwar Ahmad. The learned Chief Judicial Magistrate upon a consideration of the materials on record, recorded a finding of conviction u/S. 494, I.P.C. against the applicant and sentenced him to undergo R.I. for three years. However, the learned Magistrate urged the applicant of the charge u/S. 199, I.P.C. Aggrieved by the order, the applicant went up in appeal before the Sessions Judge, Aligarh which came to be heard by 11 Addl. Sessions Judge, Aligarh, who by his judgment and order dated 17-10-85 dismissed the appeal and affirmed the conviction and sentence awarded to him by the trial Court.

(3.) The facts of the case are that applicant Anwar Ahmad contracted a second marriage on 9-5-1981 with one Nusrat Sultana alias Shirin under the Special Marriage Act vis a vis the fact that his former wife Smt. Hasin Begum who was married to the applicant according to Mohammadan Law, was alive and further that while contracting second marriage, he had filed a false affidavit and declaration concealing the factum of his previous marriage.