Judgment

VAIDIALINGAM, J.: - In this appeal by special leave, the appellant challenges the judgment and order of the Calcutta High Court dated January 19. 1968 in Criminal Appeal No. 393 of 1966.

2. The appellant filed a complaint dated April 11, 1963 against the respondent, her husband, in the Court of the Magistrate, Ist Class, Alipurduar, alleging that he has committed an offence under Section 494 of the Indian Penal Code. Briefly her case was as follows:

3. The respondent had married the appellant in or about.l948 according to Hindu rites and both of them had lived as husband and wife together. But sometime before the date of the complaint the respondent began to ill treat her, with the result that she had to reside with her mother and brother. The respondent illegally married one Sandhya Rani as his second wife on May 31, 1962 and they have been living together as husband and wife. As the second marriage has taken place during the subsistence of the appellant s marriage with the respondent, the second marriage is invalid in law and the respondent is guilty of an offense under Section 494 of the Indian Penal Code.

4. The respondent pleaded not guilty of the offence alleged against