RAGHUNATH PADHY Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 215 of the Criminal Procedure Code for quashing the commitment of the petitioner for an offence under Section 493 of the Indian penal Code.

(2.) THE facts found by the committing Magistrate are as follows. The petitioner is a brahmin boy aged 22 years with his wife living. He was residing in Parlakhimedi town, close to the house of a Brahmin widow named Radbarani Dei. The two used to meet frequently and the petitioner persuaded her to marry him. The woman was somewhat reluctant chiefly because he had a wife living and insisted that the marriage should be registered. Some letters passed between the two and in one of them (Ext. 1) the petitioner told Radharani Dei that he had no objection to get the marriage registered as desired by her. He also handed over to her a bond (Ext 2)dated the 29-9-1951. in which he clearly admitted that he was going to marry her and further specified certain terms regarding their conjugal life. He also assured the woman that the bond would be registered in due course. Accepting his assurance, the unfortunate woman left her parents' house and accompanied him to Berhampur where on 24-10-1951, in a room in a choultry some sort of a marriage ceremony took place between the two, in the presence of two friends of the petitioner, namely Kailash Misra and Kamana Padhy. The woman was made to wear new clothes and put on new bangles and also vermillion mark on her forehead. There was also an exchange of garlands between the two. The petitioner assured the woman that these ceremonies were sufficient to complete the marriage. Then the two lived as husband and wife for sometime at Jagdalpore where the petitioner had secured a job. After some months she became pregnant by him but he got tried of her, deserted her. and went away to his first wife. The woman gave birth to a child which died later on. It is stated that she has filed a civil suit against the petitioner claiming maintenance and damages which is still pending.

(3.) THE main question for consideration is whether, on the aforesaid findings of fact, the charge under Section 493, Indian Penal Code can be said to have been made out. That Section is as follows :