NANDA SAHI Vs. ANIL KUMAR

JUDGEMENT

(1.) This is an appeal filed by the appellant against the judgment of the Court of Learned Sessions Judge Kangra at Dharamshala dated 1.9.2003 vide which the appeal filed by the respondent against his conviction under Section 494 IPC imposed by the Chief Judicial Magistrate Kangra at Dharamshala and sentenced for one year under Section 494 IPC and took a fine of Rs. 2000/- was set aside and the appeal filed by the respondent was allowed.

(2.) Briefly stated the facts of the case are that the appellant (hereinafter also referred to as complainant) filed a complaint under Section 494/498 IPC against her husband Anil Kumar, respondent No.1. It was alleged by the complainant that she is legally wedded wife of the accused and one son was also born from this wed lock. The accused was allegedly Government employee in Health Department. It was alleged that the accused during life time of the complainant has performed second marriage with one Sangeeta and they are living as husband and wife and a son was also born from this wed lock. The complainant filed the complaint that the respondent should be tried and punished under Section 494 and 498 IPC. The learned Chief Judicial Magistrate, Kangra at Dharamshala tried the respondent for the offence under Section 494 IPC only and on conclusion of the trial, he was held guilty and was sentenced under Section 494 IPC as detailed above.

(3.) On appeal, the said findings were set aside by the learned Sessions Judge, Kangra at Dharamshala vide his impugned Judgment dated 1.9.2003 and the respondent was acquitted of the charge framed against him.