SUROJ MIA Vs. ABDUL MAJID

JUDGEMENT

(1.) THE Sessions Judge, Tripura, has referred this motion under Section 438, Criminal Procedure Code with a recommendation that the conviction and sentence under Section 494, I. P. C. passed on the accused Suroj Mia, Abdul Hamid, Habibullah and Siddic petitioners by Sri S. M. Ali, Magistrate 1st Class be set aside on the ground that the girl Anjuma had already divorced Abdul Majid complainant and therefore her marriage with Suroj Mia after the divorce does not bring home an offence under Section 494, I. P. C. It is alleged in the complaint that Suroj Mia married her with the help of other accused.

(2.) TWO registered documents have been produced by the accused in this connection. One 13 a kabilnama dated 3 -7 -47 executed at the time of marriage between Abdul Majid complainant and Anjuma Bibi. By means of para. 4 of this kabilnama, Abdul Majid delegated the powers of divorce to his wife if among other conditions he married elsewhere and caused unhappiness to Anjuma.

(3.) THERE is yet another registered document dated 7 -8 -50 produced by the accused by which Anjuma divorced Abdul Majid on the authority of the delegated power of divorce in the kabilnama dated 3 -7 -47. In the latter document it is clearly stated that Abdul Majid had married another wife and was living with her. It is also stated therein that Abdul Majid had been ill -treating Anjuma.