STATE OF MAHARASHTRA Vs. SATISH V. PABALKAR

JUDGEMENT

(1.) This is an appeal impugning the judgment and order dated 4-9-2001 passed by the Additional Sessions Judge, Pune, setting aside the order of conviction passed by JMFC Kirkee, Pune, against respondent under Sections 494 (Marrying again during lifetime of husband or wife), 495 (Same offence with concealment of former marriage from person with whom subsequent marriage is contracted) and 496 (Marriage ceremony fraudulently gone through without lawful marriage) of Indian Penal Code. Originally, there were 4 accused. Accused no.1 was respondent herein, accused no.2 was the mother of accused no.1, accused no.3 was the sister of accused no.2 and accused no.4 was the colleague of accused no.1. Initially charge framed was for the offence punishable under Section 420 read with Section 494 and 495 of IPC. Subsequently, fresh charge was framed by JMFC and it also included Sections 417, 419, 493, 495, 496 read with Sections 109, 114 and 34 of IPC. Trial Court acquitted accused nos.2, 3 and 4 and convicted accused no.1, who is respondent in the present appeal. Accused no.1 challenged the order of conviction and the Sessions Court by the impugned judgment and order allowed the appeal.

(2.) With the assistance of Learned APP Ms Malhotra, I have considered the records and proceedings and the impugned judgment.

(3.) Respondent who was accused no.1 had married original complainant Kumudini Gaikwad on 19-10-1995. On 20-10-1995, the said complainant alongwith accused no.1 went on a religious trip and returned by 4.00 p.m. same day. On 20-10-1995, in the evening Satyanarayan Puja was arranged in the house of accused no.1 where the relatives and friends of accused as well as complainant were present. After puja was over, a lady by name Priti Pabalkar came to the house of accused at about 8.00 p.m. and announced that she was already legally wedded wife of accused no.1 and that she had two children from the said marriage and she would also commit suicide by consuming poison. At that time complainant and her relatives came to know for the first time that accused no.1 was already married and accused nos.1, 2, 3 and 4 have suppressed that fact. On 22-10-1995, complainant lodged a complaint with the police. In the course of investigation of the said complaint, statement of Priti was also recorded on 27-10-1995 and Priti also lodged an FIR against accused nos.1 to 3 under Section 498A of IPC on 27- 10-1995. Some documents were seized by Investigating Officer from Priti and complainant also produced some documents before police. What happened to the complaint filed by Priti, nobody knows. While trial was in progress before JMFC, Priti has filed an affidavit stating that she was not married to accused no.1 and she was instigated by others to break the marriage of accused no.1 with complainant.