JUDGMENT :- This is an appeal against the conviction of the appellant by the Second Presidency Magistrate for an offence under S. 500, I. P. C. The appellant has been sentenced to a fine of Rs. 500, in default to undergo simple imprisonment for three months.

2. The complainant is no other than the wife of the appellant. They belong to the Muslim community. The complainant married the appellant sometime in May 1930. The relationship appears to have been quite cordial for quite a long time. It is stated that the complainant has borne eight children to the appellant. This fact is not disputed. She has got a son aged about 23 and a daughter aged about 19, though one daughter given in marriage appears to have died and some of the children also have died.

The fact that the appellant has taken an Anglo-Indian girl as his second wife is not also disputed. It is stated that this girl has been converted into a Muslim and thereafter the appellant married her. According to the complainant this Anglo-Indian girl was a typist under the appellant. This is not disputed by the appellant. It is during her service under him that he has developed intimacy with her which has led to this ultimate