JUDGMENT :

S. Acharya, J. - The petitioner stands convicted under section 498, Indian Penal Code and has been sentenced there under to undergo R.I. for 3 months. The conviction of the petitioner has been upheld by the appellate Court on the findings that Sanmati was the married wife of p.w. 1; that fact was known to the petitioner; she at the relevant time was admittedly staying in the house of the petitioner, and that the petitioner, with the intention of having illicit intercourse with her, did not allow Sanmati to go hack to the house of p.w. 1 in spite of approaches made to that effect. P.ws 1 to 3 have deposed that in the village Panchayat the petitioner stated that he had married Sanmati by paying money and so he would not allow her to go back to the house of p.w. 1. The ceremonies constituting the second marriage of Sanmati with the petitioner were not established in this case. But on the other above mentioned facts found by the Courts below on the evidence on record, the petitioner has been convicted under section 498, Indian Penal Code.

2. Mr. Y.S.R. Murty, the learned counsel appearing for the petitioner, states that the conviction of the petitioner under section 498, India