HAREKRISHNA MONDAL Vs. KALPANA NASKAR

JUDGEMENT

(1.) Petitioner Harekrishna Mondal was convicted by the learned Judicial Magistrate, Alipore, 2nd Court under sections 493, 495 and 496, Indian Penal Code. For his conviction under section 495, Indian Penal Code, the petitioner was sentenced to rigorous imprisonment for 3 years and a fine of Rs. 5000 in default further rigorous imprisonment for 9 months and for his conviction under section 493, Indian Penal Code, the petitioner was sentenced to rigorous imprisonment for 2 years. The sentences were its run consecutively. No separate sentence was passed for conviction under section 496, Indian Penal Code. On appeal the learned Additional Sessions Judge, 2nd Court, Alipore confirmed the order of conviction under sections 493, 495 and 496, Indian Penal Code but reduced the sentence. The sentence under section 495, Indian Penal Code was reduced to imprisonment for 2 years and a fine of Rs. 3000 in default rigorous imprisonment for 6 months. The sentence under section 493, Indian Penal Code was reduced to imprisonment for 1 year and the sentences were ordered to run concurrently. Being aggrieved the petitioner has moved this court in revision and obtained the present Rule.

(2.) Briefly stated, the prosecution case was that petitioner Harekrishna Mondal falsely represented himself as a bachelor and relying on the said representation complainant Smt. Kalpana Naskar, respondent No.1 agreed to marry him. They were married on 9th February, 1977 according to Hindu Rites. The petitioner and the complainant lived as husband and wife for about 8/9 months after the aforesaid marriage.

(3.) Subsequently, the complainant came to know that petitioner Harekrishna Mondal had a another wife named Shanti with two children and that he suppressed that fact and fraudulently married the complainant during the subsistence of that marriage. A dispute arose between the complainant and the petitioner and the complainant was driven out of the petitioner's house. The complainant then filed a matrimonial suit being Mat. Suit No. 15/78 against the petitioner Harekrishna Mondal and got a decree in her favour declaring her marriage with the petitioner as void.