DIPALI BHAGABATI Vs. PROMOD CHANDRA BHAGABATI

JUDGEMENT

(1.) This appeal has arisen out of the judgment and order, dated 29.12.2003, passed, in Criminal Appeal No. 27 of 1998, by the learned Additional Sessions Judge (FTC No. 2), Kamrup, Guwahati, whereby the learned Additional Sessions Judge has set aside the judgment and order, dated 14.09.1998, passed, in Complaint Case No. 821 of 1996, by the learned Chief Judicial Magistrate, Kamrup, Guwahati, convicting the accused-respondent under Section 494 IPC and sentencing him to undergo rigorous imprisonment for 3(three) years. In consequence of the setting aside of the conviction of the accused-respondent by the learned Additional Sessions Judge, the accused-respondent has been acquitted of the offence of bigamy punishable under Section 494 IPC.

(2.) Before entering into the discussion of the merit of the impugned judgment and order passed by the learned appellate Court acquitting the accused-respondent, it is apposite to take note of the case, which the complainant-appellant had set out in her complaint. The case of the complainant-appellant, as unfolded at the trial, may, in brief, be described:

(3.) In course of time, when a charge, under Section 494 IPC, was framed against the accused, he pleaded not guilty thereto.