UPENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) After Sudama Devi (opposite party No. 2) was wedded to Upendra Singh (the petitioner) in the year 1984, her happiness was quite short lived, as though she was blessed with a child during their wedlock, the husband contracted another marriage with a lady, namely, Parmila Devi. The aggrieved wife sought prosecution of her husband and instituted a complaint case before the Chief Judicial Magistrate, Vaishali at Hajipur for sexual aberration of her husband and consequently for bigamy. At trial, she examined four witnesses, while defence too examined two witnesses. The defence of the petitioner at trial , was that since there was no second marriage, he could not be prosecuted for bigamy.

(2.) The explicit defence of the petitioner at trial was that said Parmila Devi who was said to be the second wife during subsistence of first marriage, was in fact married to his younger brother, Sunil Kumar Singh. The Trial Court, however, rejecting plea of innocence of the petitioner, convicted him and rendered finding of guilt Under Section 494 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for a term of two years.

(3.) When aggrieved husband carried the matter in appeal Additional Sessions Judge, Vaishali too affirmed the finding of guilt, recorded by the Trial Court, in Criminal Appeal No. 29 of 1993.