PRATAP SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant was convicted vide judgment dated 29.7.1985 by Judicial Magistrate First Class, Gadarwara, District Narsinghpur in Criminal Case No.337 of 1983 for offence punishable under Section 494 of I.P.C and sentenced with rigorous imprisonment for one year with fine of Rs.500/-. Criminal Appeal No.18/1985 filed by the applicant was also dismissed vide judgment dated 30.11.1999 passed by the learned Additional Sessions Judge, Gadarwara, District Narsinghpur. Being aggrieved with both the judgments the applicant has preferred the present revision.

(2.) Facts of the case in short are that the complainant had lodged a complaint against the applicant and other accused persons that the complainant was married with the applicant 10 years prior to the filing of the complaint. Behaviour of the applicant and his family members was not good with the complainant/respondent no.2. She was ousted from the house of the applicant and therefore, she was residing at her parents house. It was also alleged that three years prior to the filing of the complaint the applicant entered into a second marriage with Geeta Bai, daughter of Bala Prasad, resident of Village Tikholi, Tahsil Gadarwara, District Narsinghpur and therefore, a complaint was filed.

(3.) The applicant abjured his guilt. He did not take a specific plea but he told before the trial Court that he did not enter into a contract of second marriage. However, no defence evidence was adduced.