1. This appeal is directed against judgment dated 26-12-2003 passed by 1st Additional Sessions Judge, Durg in Sessions Trial No. 239/2002. By the impugned judgment, accused/appellant Madan Sahu has been convicted and sentenced in the following manner with direction to run the sentences concurrently :

Conviction Sentence

Under Section 498A of the Rigorous imprisonment for 2 years and to

Indian Penal Code pay fine of Rs.500/-, in default of payment

of fine, to undergo rigorous imprisonment for

1 month.

Under Section 306 of the Rigorous imprisonment for 7 years and to

Indian Penal Code pay fine of Rs.500/-, in default of payment

of fine, to undergo rigorous imprisonment

for 1 month

2. Case of the prosecution, in brief, is as under :

The appellant was residing in Village Odaragahan. His first wife is Rekhabai. Her being alive, the appellant performed second marriage with Bisahinbai, resident of Village Pachmedi under Chun form. Due to committing Marpeet with Bisahinbai by the appellant, panchayat meetings had been arranged in this regard twice. Bisahinbai had also reported the matter in Police Station Ranchirai. Due to committing severe Marpeet with Bisahinbai by the