ASHOK PRASAD BARNAWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) No one appears on behalf of the petitioners. However, Mr. Ravi Prakash, learned A.P.P. is present.

(2.) This application is directed against the judgment dated 28.08.2001 passed by the learned 3rd Additional Sessions Judge, Giridih in Criminal Appeal No. 101 of 1986 whereby and where under the judgment and order of conviction and sentence dated 30.05.1986 passed by the learned Judicial Magistrate, 1st Class, Gridih in Complaint Case No. 286 of 1984 convicting the petitioners for the offences punishable under Sections 494 and 114 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for three years has been affirmed.

(3.) A compliant case was instituted on the allegation that the complainant was married with the petitioner no. 1 according to Hindu rights and customs and on account of the said marriage two daughters were born to them. It is alleged that after the birth of the second daughter the relationship between them strained and the petitioner no. 1 had solemnized another marriage with a lady namely Tuni Devi on 11.06.1984. It is also alleged that on receiving such information about the impending marriage the complainant accompanied by several persons had gone to Atka Village where she found the petitioner no. 1 in the process of solemnizing marriage with Tuni Devi. Even though the same was protested but they were driven out from the village and assault was also committed upon them.