ANIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Counsel for the applicant and the learned Additional Public Prosecutor for the State.

(2.) IN this Criminal Revision Petition preferred by the original accused challenging the judgment and order of the trial Court dated 22 -03 -2007 and challenging the subsequent order of the appellate Court dated 09 -11 -2010 partly allowing the appeal.

(3.) AFTER the wife of the present applicant started residing with her parents, she went to the Sewagram Police Station and lodged a report on or about 05 -02 -2005 alleging ill -treatment and mentioning that applicant had performed second marriage and residing with his second wife. The matter was taken to the woman Sub -Inspector attached to the Police Station as she was the member of some Committee organized at the Police Station level to amicably settle the dispute between the married couples. Said lady Police Officer was examined before the trial Court at (PW -7). For about 2 months there were meetings and talks of settlement but nothing could be materialized and as such on or about 05 -04 -2005 the complainant (PW -1), the wife of the present applicant lodged a complaint with the police. Cognizance of this second complaint was taken and the First Information Report was lodged and the offence was registered against the present applicant under Section 498 -A of the Indian Penal Code. It is admitted position that no offence of bigamy punishable under Section 494 of the Indian Penal Code was registered against the present applicant. It is curious to know that a peculiar charge was framed against the applicant inasmuch it was alleged that since 05 -04 -2005 being a husband of the complainant he subjected her to cruelty by way of insisting upon her to bring Rs. 15,000/ - from her parents and thereby committed an offence under Section 498 -A of the Indian Penal Code. This was the charge framed by the Judicial Magistrate First Class, Court No. 1, Wardha on 27 -09 -2002 and the case was proceeded on this charge and the evidence of seven prosecution witnesses was recorded. (PW -1) is the complainant/first informant/wife of the applicant. She has stated that for about 12 years she had very happy married life and specifically she had answered in her examination -in -chief to the following effect: -