BOLORAM BARUATI Vs. SURJYA BARUATI

JUDGEMENT

(1.) THIS criminal revision is directed against the judgment of conviction under Section 494 Indian Penal Code and sentence of six months' rigorous imprisonment, passed by the learned Magistrate First Class, Dibrugarh and affirmed by the learned Sessions Judge, Lakhimpur.

(2.) THE prosecution case is that the petitioner married the Opposite Party, Mst. Surjya Baruati, on 14th September, 1962 according to Hindu rites and they were living as husband and wife for some time. A female child was born at wedlock. Thereafter, however, the petitioner deserted Mst. Surjya and married one Manorama Konwar on 8th September, 1965. On these allegations the petitioner was charged under Section 494 Indian Penal Code and convicted and sentenced as stated above.

(3.) SECTION 17 pointedly refers to solemnization of marriage after the commencement of the Act. Prosecution, therefore, is under an obligation to satisfactorily establish by evidence that the second marriage with Manorama has been solemnized in accordance with law or custom which is applicable to the parties, The parties in this case claim to be Ahoms and they also admit that the form of their marriage is known as 'Saklong'. In dealing with Section 494, Indian Penal Code, the Supreme Court in the case of Bhaurao Shankar v. State of Maharashtra AIR 1965 SC 1564, has observed as follows: