( 1 ) THIS is a rule directed against the order passed by the Presidency Magistrate, convicting the petitioner under Section 494 Indian Penal Code and sentencing him to rigorous imprisonment for three months.

( 2 ) THE facts of the case are as follows: one Sovarani Dutta made a complaint to the effect that she was married with the petitioner according to Hindu rites, on the 1st of May, 1962 and she lived with the petitioner as husband and wife for sometime till November, 1962 and then the petitioner married for the second time under the Special Marriage Act of 1954 on the 24th of January, 1963.

( 3 ) ON these allegations the petitioner was charged under Section 494 Indian Penal Code for marrying again when he had a wife living. The petitioner pleaded not guilty to the charge. His defence was that he never married Sovarani, the complainant.

( 4 ) THE Learned Magistrate found the charge under Section 494 Indian Penal Code proved and convicted the petitioner.

( 5 ) THERE is no dispute on the point that the petitioner married one Manika Sarkar under Act XLIII of 1954 on 24th of January, 1963. Exhibit II is the certificate of marriage given by the Marriage Officer u