RAM SANEHI SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision petition under S. 397/401, Cr. P.C. arises out of the judgment of conviction and sentence passed by the Judicial Magistrate, First Class, Ambah, District Morena, dated 24-3-1995 in Cr. Case No. 1183/86, convicting the appellant/petitioner for the offence under S. 492, IPC and sentencing him to two years rigorous imprisonment and a fine of Rs. 1,000/- and the judgment dated 10-2-98 passed by the learned Third Addl. Sessions Judge, Morena, in Cr. Appeal no. 28/95, confirming the order of conviction and sentence of the trial Court.

(2.) Briefly stated the facts giving rise to this revision petition may be summarised thus : The respondent No. 2 Smt. Pushpa Devi, alleging herself to be the wife of the petitioner Ram Sanehi, filed a complaint in the trial Court that she was the legally married wife of the petitioner, who used to beat her often and on and used to demand dowry from her parents. It was further alleged that the petitioner had turned her out of the house and later on performed second marriage with one lady Sona, daughter of Ayodhya Singh, of village-Mirjapur, district Jalon (U.P.) On this basis the respondent No. 2, Smt. Pushpa Devi, alleged in the complaint that the petitioner Ram Sanehi had committed the offence of bigamy under S. 494, IPC and he should be convicted and sentenced for the same. She examined herself and her witnesses in support of the allegations made in the complaint. The learned trial Court after carefully perusing the evidence adduced by the prosecution came to the conclusion that the offence of bigamy had been committed by the petitioner. It, therefore, convicted the petitioner for the same and sentenced as aforesaid. The petitioner preferred an appeal before the Sessions Court but it was also dismissed as referred to above.

(3.) Now the petitioner has moved this criminal revision against the impugned orders passed by the Courts below. I have heard the learned counsel on both the sides and have carefully gone through the record of the case.