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1957 Supreme(Bom) 182

N.M.MIABHOY
Malan and Ors – Appellant
Versus
State of Bombay and Anr – Respondent


JUDGMENT - (1) This is an application under Section 435 of the Criminal Procedure Code for revising the order, dated the 4th June 1957, passed by the learned Additional Sessions Judge, Satara, in Criminal Appeal No. 12 of 1957, by which he confirmed the conviction of the applicants for the offence under Section 494, read with Section 114 I. P. C., and the sentence on each of them for one days rigorous imprisonment and a fine of Rs. 10/- in default to suffer rigorous imprisonment for one day more.

(2) The prosecution case was that the accused No. 1 had gone through the ceremony of marriage with one Krishnabai during the life-time of his wife Bayadabai. The accused No. 14 was alleged to be the priest who officiated at the performance of the aforesaid marriage. Accused No. 1 was charged under Section 494 I. P. C. and was convicted for the offence under Sec.494. Accused No. 14 as convicted for the offence under Section 494 read with Section 114 I. P. C. I am not concerned with the convictions recorded agaisnt these two persons. They had preferred an appeal to the Sessions Court at Satara from the aforesaid convictions, an their convictions were upheld by the learned Additional Sessions



















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