GOPAL LEKHARU Vs. STATE OF ASSAM

JUDGEMENT

(1.) The respondent/complainant Sint. Hira Lekharu filed a complaint being CR Case No. 742/1988 alleging interalia that she was married to the accused petitioner Gopal Lekharu on 9.5.81 as per Hindu rites and thereafter they lived as husband and wife. She was, however, subjected to cruelty on the gnound that she has not brought sufficient dowry and subsequently she was driven out off the house on 1.3.83. The petitioner husband filed a divorce suit No. 16/83 for dissolution of the marriage but the said suit was dismissed against which the petitioner filed First Appeal No. 32/86 and the appeal was also dismissed. The complainant further alleged that on 27.11.87 during the subsistence of the earlier marriage and while his spouse was living the accused petitioner has entered into a second marriage with one Arrupama Lekharu and at present he is living with the said second wife. The trial court framed charges under Section 494IPC on the basis of the evidence of the six witnesses and thereafter on conclusion of the trial, vide judgment dated 24.1.92 the accused petitioner was convicted under Section 494 IPC and sentenced to simple imprisonment for two years and to pay a fine of Rs. 2000/- in default further imprisonment for four months.

(2.) Feeling aggrieved, the petitioner preferred Criminal Appeal No. 9/92 before the Additional Sessions Judge, Kamrup, Guwahati and vide order dated 20.10.93 the Appellate Court dismissed the appeal maintaining the order of conviction and sentence and hence the present revision.

(3.) We have heard Mr. J.M. Choudhury, learned Senior Advocate assisted by Mr. B.M. Choudhury, learned counsel for the petitioner and Mr. A. K. Bhattacharyya, learned Senior Advocate assisted by Mr. G.P. Bhowmik, learned counsel for the respondent No. 2 and the learned Public Prosecutor for the respondent No. 1.