This criminal revision is direct­ed against the judgment of conviction under Section 494 Indian Penal Code and sentence of six months' rigorous imprisonment, passed by the learned Magistrate First Class, Dibrugarh and affirmed by the learned Sessions Judge, Lakhimpur.

2. The prosecution case is that the peti­tioner married the Opposite Party, Mst, Surjya Baruati, on 14th September, 1962 according to Hindu rthes and they were living as husband and wife for some time. A female child was born at wedlock. There­after, however, the petitioner deserted Mst, Surjya and married one Manorama Konwar on 8th September, 1965. On these allega­tions the petitioner was charged under Sec­tion 494 Indian Penal Code and convicted and sentenced as stated above.

8. The only point which the learned Counsel for the petitioner urges before me is that the second marriage with Mst. Mano­rama has not been established by the Prosecution to have been solemnised as provid­ed for under the law and that the convic­tion under Section 494 Indian Penal Code is, therefore, not tenable. Sec. 494 Indian Penal Code is in the following terms:

"494. Whoever, having a husband or wife living, marries in any case in which such

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