Hon'ble Mr. Justice P.K. Saikia

1. In this revision petition, the judgment & order dated 02.07.2004 passed by the Judicial Magistrate, 1st Class, Udaipur, Tripura (S) in Case No. GR. 91/03 convicting accused Krishna Kanta Nag under Section 494 I.P.C and sentencing him to suffer 3 years Rigorous Imprisonment and to pay a fine of Rs. 5,000/- for the aforesaid offences as well as the judgment dated 15.10.2004 passed by the learned Sessions Judge, South Tripura, Udaipur in Criminal Appeal No. 23(3) of 2004, partly affirming the aforesaid judgment of the Trial Court have been challenged. I have heard arguments advanced by Mr. A.C. Bhowmik, learned senior counsel assisted by Mr. D.C. Roy, learned counsel, appearing for the revision-petitioner and Mr. R.C. Debnath, learned Special Public Prosecutor representing the State of Tripura.

2. The facts, leading to filing of this revision petition, in brief, are that one Smt. Ratna Nag was married by accused Krishna Kanta Nag on 10.09.1993 as per Hindu Rites and Customs and after the marriage, she started living with accused Sri Krishna Kanta Nag as husband and wife. However, their marriage soon ran into rough weather as accused Krishna Kanta Nag and other relatives started torturing on Smt. Ratna Nag demanding dowry. Worse still, they ultimately forced her to take shelter in her paternal house.

3. In the mean time, informant came to learn that accused Shri Krishna Kanta Nag again married one Smt. Supriti Nag (Sarkar) without obtaining consent from his first wife and started living with her as husband and wife as well. On the above allegations, a complaint was filed before the Chief Judicial Magistrate, South Tripura, Udaipur. It is learnt that learned Judicial Magistrate on invoking the power U/s 156 Cr.PC, forwarded the complaint to the O.C., R.K. Pur Police Station for doing needful in accordance with law.

4. On receipt of the said complaint, police treated it as an FIR, registered a case thereon under Section 494 I.P.C vide R.K. Pur P.S. Case No. 88 of 2003 and ordered an investigation into the allegation. In due course, Police laid a charge sheet before the Chief Judicial Magistrate contending that accused Krishna kanta Nag prima facie committed an offence under Section 494 I.P.C. In respect of Smt. Supriti Nag, Police submitted Charge sheet under Section 109 read with Section 494 I.P.C.

5. In course of time, learned Trial Court framed charge under Section 494 I.P.C against the accused Krishna kanta and also framed charge under Section 109 read with Section 494 I.P.C. against Smt. Supriti Nag and charges, so framed,on being read over and explained to accused persons, they pleaded not guilty and claimed to be tried. On completion of the trial, Learned Trial Court acquitted accused Smt. Supriti Nag from the offence under Section 109 read with Section 494 I.P.C.

6. However, Trial Court convicted accused Krishna kanta Nag under Section 494 I.P.C and sentenced him to punishment as aforesaid. On an appeal being preferred, the learned Sessions Judge affirmed the conviction U/s 494 IPC recorded against the accused /appellant. But he reduced sentence, imposed, from 3 years to 6 months and fine was, however, increased to Rs. 10,000/- and in default. he was directed to suffer imprisonment for another 3 months.

7. Still being aggrieved, the convict-petitioner preferred this revision alleging that the judgments of the Courts below are perverse, illegal and without jurisdiction. In order to buttress such a claim, it has been contended that there is no iota of evidence on record to show that a marriage between Krishna Kanta Nag and Smt. Supriti Nag had ever been solemnized so as to attract the provision of section of 494 IPC.

8. It is also his case that the alleged the first marriage between Krishna Kanta Nag and Smt. Ratna Nag has not at all been established although under the law, the prosecution has no choice but to prove very firmly the essentials of both the marriages aforesaid, more so when the