M. R. A. ANSARI J.

( 1 ) THESE two appeals arise out of the judgment of the Assistant Sessions Judge, Delhi, dated 17th October, 1967 in Sessions Case No. 121 of 1966 by which he convicted Sarupchand for an offence under section 494 Indian Penal Code and sentenced him to suffer rigorous imprisonment for 44 years and also to pay a fine of Rs. 2,000 and in default, to suffer rigorous imprisonment for a further period of 1 years and acquitted both Sarup Chand and Raj Kumari Suri of the offences under sections 420 read with section 34 Indian Penal Code and acquitted Raj Kumari Suri of the offence under section 494 read with section 34 IPC with which they had been charged. Sarup Chand has filed an appeal against his conviction and the sentence passed against him and Janak Rani on the basis of whose complaint Sarup Chand and Raj Kumari Suri had been prosecuted has filed the other appeal against their acquittal after having obtained special leave of this Court. Both these appeals shall be disposed of by a common judgment.

( 2 ) THE prosecution case against Sarup Chand and Raj Kumari Suri is that Sarup Chand married Janak Rani on 28-4-1960 at Nawanshehr, District Jullundur, according to th

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