[2026:RJ-JD:12405]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 670/2011 Smt.Bhagwanti Devi W/o Sh. Bheru Lal Tank, R/o Talaya, PS Dhamotar, District Pratapgarh ----Appellant Versus

1. Bheru Lal S/o Kishan Lal Tank at present R/o Pala Khedi PS Nikumb, District Chittorgarh

2. Smt. Madhu @ Maniya D/o Jamana Lal Tank, R/o Javad, District Neemuch (MP)

----Respondent Connected With S.B. Criminal Revision Petition No. 224/2004 Bheru Lal S/o Kishan Lal Tak, R/o Gayariyawas, Udaipur.

----Appellant Versus State Of Rajasthan ----Respondent For Appellant(s) : Mr. Bheru Lal present in person For Respondent(s) : Mr. N.S. Chandawat, Dy.GA Ms. Bhagwanti present in person Mr. S.S. Rathore Ms. Ayushi Rathore Mr. Chain Singh Rathore HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

DATE OF CONCLUSION OF ARGUMENTS 04/02/2026 DATE ON WHICH ORDER IS RESERVED 04/02/2026 FULL ORDER OR OPERATIVE PART Full Order DATE OF PRONOUNCEMENT 18/03/2026 BY THE COURT:-

1. The present matter pertains to two interconnected legal proceedings arising from matrimonial discord between the parties, which encompass both a criminal appeal and a criminal revision petition. These proceedings, while distinct, are intrinsically linked by overlapping factual circumstances and interrelated legal questions.

1.1. The appellant-wife, Smt. Bhagwanti Devi, has filed a criminal appeal under Section 372 of the Code of Criminal Procedure (CrPC) challenging the judgment of acquittal rendered on 15.06.2011 by the learned Additional Sessions Judge-cum-Special Judge, SC/ST Act Cases, Pratapgarh, in Criminal Appeal No. 6/2010. In this case, her husband, the accused-respondent Bheru Lal, was acquitted of the charge under Section 494 of the Indian Penal Code (IPC), which pertains to the offence of bigamy. The appellate court allowed the appeal of the accused, overturning the trial court's conviction. The trial court had, on 09.06.2008, convicted the accused-respondents under Section 494 IPC, read with Section 109 IPC, sentencing them to two years' simple imprisonment, along with a fine of ₹1,000 each, with a default stipulation of an additional twenty days of simple imprisonment.

1.2. Simultaneously, the husband has filed a criminal revision petition, challenging the judgment passed on 12.04.2004 by the learned Additional Sessions Judge and Special Judge, SC/ST (Prevention of Atrocities) Cases, Pratapgarh, in Criminal Appeal No. 19/2004, arising out of Criminal Case No. 26/2003. This appeal had affirmed the conviction of the accused under Section 498A IPC for cruelty, which had been imposed by the learned Additional Civil Judge-cum-Judicial Magistrate, Pratapgarh, in his judgment dated 16.06.2003. In the criminal case, the accused was convicted for cruelty under Section 498A IPC and sentenced to undergo one year’s simple imprisonment, along with a fine of ₹1,000, with a default stipulation of an additional month’s imprisonment.

1.3. Given the intertwined nature of the facts and the overlapping legal issues, both the appeal and the revision petition are being adjudicated together as part of a consolidated examination.

Facts and Findings in Criminal Appeal No. 670/2011

2. The appellant, Smt. Bhagwanti Devi, married Bheru Lal around two decades ago, and from their marriage, three children were born, although only one survived. In 1999, Bhagwanti learned that her husband intended to marry another woman, Madhu @ Maniya Tank, during the subsistence of their lawful marriage. Despite her efforts to intervene and prevent the second marriage, Bheru Lal proceeded with it.

2.1. Subsequently, Bhagwanti filed a complaint alleging that her husband had contracted a second marriage, thereby committing the offence of bigamy under Section 494 of the IPC. After investigation, charges were framed, and the trial court convicted the accused under Section 494 read with Section 109 IPC. He was sentenced to two years' simple imprisonment along with a fine. The accused appealed the conviction, and t