BISHNA Vs. STATE

JUDGEMENT

(1.) THIS is a revision petition by Bishna, Birja and Mst. Gattu against the judgment of the Additional Sessions Judge, Baran of the 28th of May, 1953, confirming on appeal the decision of the Extra Magistrate, Baran, of the 26th of February, 1953, convicting Mst. Gattu for the offence under sec. 494 I. P. C. and the other two accused Bishna and Birja under sec. 494 read with sec. 109 I. P. C. and sentencing them to 8 months' R. I. and a fine of Rs. 100/- each or in default 2 months' further R. I.

(2.) THIS case was instituted on a complaint by Nand Kishore who alleged that he was the husband of Mst. Gattu. His case was that about 18 months before the institution of this case Mst. Gattu went to her father's house and there she was married to Bishna. Bishna, it was said, know that Mst Gattu was the married wife of the complainant. The defence was that Nand Kishore had divorced Mst. Gattu and her re-marriage was, therefore, valid according to the custom of the community. Marriage of Mst. Gattu with Nand Kishore was not disputed. Evidence was led on behalf of the accused Bishna that a few persons of the community approached Nand Kishore to take away Mst. Gattu from her father's house but he replied by saying that he had divorced her and that he would not like to bring her. The learned lower court held that the evidence as regards the divorce was not sufficient and that it had not been proved as to what ceremonies were necessary in order to effect a valid divorce. The conviction of the accused was, therefore, upheld.