SRIKANTA BISWAL AND ANR. Vs. ANUSAYA BISWAL

JUDGEMENT

(1.) THE Petitioner No. 1 - Srikanta Biswal is the son of Petitioner No. 2 - Narayan Biswal. Both of them stand convicted (as affirmed by the Additional Sessions Judge in appeal) under Sections 494 and 494 read with 109 of the Indian Penal Code (hereinafter referred to as 'the I.P.C.') and sentenced to undergo R.I. for two years and to pay a fine of Rs. 1,000/ - each in default to undergo R.I. for three months.

(2.) THE opposite party filed a complaint (vide Case No. 376 of 1984/ Trial No. 1578 of 1984) in the Court of S.D.J.M.. Kendrapara under Sections 494 and 494/109. I.P.C., on the allegation that she married Petitioner No. 1 on 26.4.1978 in accordance with the Hindu rites and led a happy conjugal life with him for about five years. In the year 1983 she came to her father's house to look after he ailing mother. During her stay in her father's house she learn that her husband (petitioner No. I) had married one Saraswati Biswal for the second time thereby committed an offence punishable under Section 494, I.P.C. Petitioner No. 2 abetted in the commission of the aforesaid offence.

(3.) IT may be noted that along with the Petitioners, Janaki Biswal (wife of Petitioner No. 2) was also placed on trial and was convicted under Section 494/109, I.P.C. but in appeal she was acquitted.