DHANIRAJ SABAR Vs. RADHAKRISHNA SABAR

JUDGEMENT

(1.) LEARNED Counsel for the appellant is present. None appears for the respondents. This being a year -old case of the year 1988, I take it for hearing from provisional list.

(2.) HEARD and the judgment is as follows.

(3.) SECTION 494, I.P.C. prohibits a husband or wife to marry with any other male or female during subsistence of marital relationship and make such offence punishable. To bring home charge for the offence under Section 494, I.P.C., it is essential for the complainant to prove that the other person figuring as accused is his or her legally married spouse. On proof of the aforesaid aspect, other factor required to be proved by the complainant is that during such valid marriage of the accused is spouse the other spouse, i.e., the accused entered into a void marital relationship with any other person. On Assessment of evidence on record, learned S.D.J.M. found that prosecution could not prove that Ura Dei is the legally married wife of the petitioner and therefore offence under Section 494, I.P.C, is not made out on the complained act of her marriage with somebody else.