KASHIRAM Vs. SONVATI

JUDGEMENT

(1.) This revision has been filed against the judgment and order dated 4-4-1985 of Additional Session Judge, Balaghat, passed in Criminal Appeal No. 26 of 1984 (arising out of the judgment and order dated 28-7-1984 of judicial Magistrate First Class, Baihar, passed in Criminal Case No. 430 of 1983), whereby conviction of the applicant No. 1 under S. 494 of I.P.C. and sentence of rigorous imprisonment for two years and fine of Rs. 2,000/-, in default rigorous imprisonment for 1 1/2 years; and conviction of applicants Nos. 2 and 3 under S.494 read with S.109, I.P.C. and sentence of rigorous imprisonment for six months and fine of Rs.1,000/- in default rigorous imprisonment for six months each, has been affirmed.

(2.) The brief history of the case in that the non-applicant Sonvati, claiming herself to be the lawfully married wife of the applicant No. 1 Kashiram, filed a complaint on 31-1-1983, with the allegations that she was married to accused-applicant No. 1 Kashiram in the year 1972. She gave birth to a female child during the continuance of their conjugal relations. The accused-applicant No. 1 Kashiram, who was her husband, and accused-applicant No. 2 Rajaram-father of Kashiram, turned her out of the family house and married one Geetabai in the year 1980, i.e., in the second half of Hindi calendar month of Baisakha. The accused-applicant No. 2 Chature is the father of Geetabai. It was also alleged that a male child was begotten from Geetabai due to conjugal relations with Kashiram.

(3.) After trial, the accused-applicants have been convicted and sentenced as referred above. Their appeal has also been dismissed. Hence, this revision.