JITENDRA MOHAN KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Instant application, filed under Sec. 401 of the Code of Criminal Procedure, 1973 is directed against the judgment and order dtd. 11/08/2011 passed by the Sessions Judge, Dakshin Dinajpur in Criminal Appeal No. 7 of 2011 confirming the judgment and order of conviction and sentence passed on 21/02/2011 by the Additional Chief Judicial Magistrate, Gangarampur in CR 160 of 2010.

(2.) Fact of the case in nutshell is that on the basis of written complaint made by the present Opposite Party No. 2 prosecution was launched against the present Petitioner and Parul Khan. After completion of the investigation charge sheet was filed. Charges were framed against the present Petitioner under Sec. 498A and 494 of the Indian Penal Code to which theypleaded not guilty. Defense of the present Petitioner is false implication. He stated in his examination under sec. 313 of the Code of Criminal Procedure 1973 that he did not marry the co-accused. Through cross examination defense also tried to establish that the present Petitioner had already been prosecuted for the same offence of bigamy and was acquitted.

(3.) The Trial Court held that the present Petitioner is guilty of the charges under Sec. 498A and 494 of the Indian Penal Code. The Trial Court acquitted the co-accused Parul Khan.