The judgment of the Court was as follows :––

Banerjee, J.: This appeal is directed against an order of conviction under S. 493 I.P.C. and sentence to R.I. for three years and fine of Rs. 1,000/-, in default to suffer imprisonment for one year thereunder. On 27.5.69 P.W.1 Sahida Khatun filed a complaint against the appellant alleging therein that the accused had co-habited with her by deceitfully suppressing the fact that he had given talak to her and that as such she had ceased to be his lawfully married wife. On such complaint the accused was summoned under S. 376/493 I.P.C. The accused was committed to the Court of Sessions after an enquiry under Chapter XVIII of the Code of Criminal Procedure 1898 by the learned Magistrate. The charge against him was under S. 493 I.P.C. which runs as follows:

"That you between 2.9.68 and 19.4.69 at Khidirpore, P.S. Harihar Para by deceit caused a certain woman to wit, Sahida Khatun who was not lawfully married to you having ceased to be so married to believe that she was lawfully married to you, and in that belief co-habit or have sexual intercourse with you and thereby committed an offence punishable under section 493 of the Indian Penal