LAWS(MPH)-1991-6-9

LEELA SHANKER Vs. BHAGWANDAS

Decided On June 27, 1991
LEELA SHANKER Appellant
V/S
BHAGWANDAS Respondents

JUDGEMENT

(1.) THIS revision has been filed against the judgment and order dated 14. 8. 1985 of the IV Additional Sessions Judge, Bhopal passed in Criminal Appeal No. 57 of 1983 arising out of the judgment and order dated 19. 7. 1983 of Judicial Magistrate First Class Bhopal passed in Cr. Case No. 2436/84, whereby conviction of the accused under Section 438 of the Indian Penal Code and sentence of fine of Rs. 500/- in default of payment of fine R. I. for two months has been confirmed.

(2.) BRIEF history of the case are that non-applicant No. 1 Bhagwandas filed a complaint against accused on 21. 5. 1978 with the assertions that Maltibai is his married wife. She was missing from his house from 12. 4. 1977, and was subsequently found in the company of accused who was keeping her as his wife despite known edge that Maltibai is wife of the complainant. A child has also been begotten from that relationship. The accused detailed his wife against his wishes and consent.

(3.) THE accused abjured the guilt and pleaded that there was a divorce between the complainant and Maltibai and that complainant had accepted some money in lieu of it. The trial Court convicted the accused as above and his conviction has been upheld in appeal, hence this revision.