Sushama Biswas vs Naba Kumar Biswas & Ors
2022 Latest Caselaw 199 Cal

   8
27.01.2022
   (PP)

                                   C.R.A. 251 of 1990


                                   Sushama Biswas
                                        Versus
                                 Naba Kumar Biswas & Ors.




                   None appears for the appellant.

                   None appears for the respondents.

It appears that despite service of administrative notice

upon the parties, nobody has turned up before the Court.

I feel that the parties are not interested to proceed with

this appeal.

This appeal has been preferred by the appellant against

the judgment and the order of acquittal passed by the learned

Judicial Magistrate, Bongaon, North 24-Parganas, in Cr. Case

No.609 of 1976 (T.R. No.655 of 1977) under Sections 494/109

of the Indian Penal Code.

The appellant, Sushama Biswas filed a complaint in the

court of learned Judicial Magistrate, Bongaon, North 24-

Parganas on the allegations that during subsistence of her

marriage with the respondent no.1, Naba Kumar Biswas, he

married another woman, namely Latika @ Lalita Biswas. She

alleges that the other respondents abetted the commission of

offence of bigamy by the respondent no.1.

Perusal of the judgment passed by the learned Judicial

Magistrate shows that the learned Magistrate after scrutinizing

and assessment of the evidence on record acquitted the accused

persons of the charge of bigamy and abetment of the same

under Sections 494/109 of the Indian Penal Code.

As stated above, despite several opportunities being given

to the parties, the parties did not show any interest to proceed

with the appeal.

Under such circumstances, this Court after considering the

pendency of the appeal since 1990 proceeds to analyse the

evidence on record to come to a finding whether the learned

Magistrate was justified in passing the judgment.

I have gone through the evidence as adduced by the

appellant before the learned trial court. I find that the findings

as recorded by the learned trial court are in consonance with

the evidence on record.

In view of the above, I do not find any justification to

differ with the findings recorded by the learned trial court.

I think that there is no merit in the appeal and

accordingly the appeal is dismissed.

The judgment and the order of acquittal passed by the

learned Judicial Magistrate, Bongaon, North 24-Parganas in Cr.

Case No.609 of 1976 (T.R. No.655 of 1977) is hereby confimed.

Send down the L.C.R. along with the copy of the judgment

to the learned court below for information.

Urgent photostat certified copy of this judgment, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

(Rabindranath Samanta, J.)