ORDER

Leave granted.

2. The wife-respondent filed a written complaint before the police under Section 494 of the Indian Penal Code which after investigation was put in Court for trial of the appellant as well as his alleged second wife, the second appellant. Charge was laid against him. In entering upon plea against the charge, the husband-appellant stated :

"True, I have not committed any crime. I have married after ten years of my wife deserted and went away."

His plea was sought to be read as if he had admitted having married a second time. The learned Trial Magistrate recorded the prosecution evidence and came to the conclusion that there was no legal evidence to prove the factum of marriage on the basis of the tests laid down by this Court in Bhaurao Shankar Lokhande & Anr. v. State of Maharashtra & Anr.1, Kanwal Ram and Ors. v. The Himachal desh Administration2, and Priya Bala Ghosh v. Suresh Chandra Ghosh3. He thus acquitted the appellant. The High Court on a private revision by the wife-respondent, upset the order of acquittal mainly on the ground that there was an admission of the first appellant in response to the charge laid against him. The High Court therefore ordered a r