Puran Puri vs Vachangar And Anr
2022 Latest Caselaw 6450 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                 S.B. Criminal Appeal No. 261/1994

Puran Puri
                                                                  ----Appellant
                                   Versus
Vachangar And Anr.
                                                                ----Respondent


For Appellant(s)         :     Mr. Chakarvati Singh Rathore
For Respondent(s)        :     Mr. MC Bishnoi



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

04/05/2022

     In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.

     The criminal appeal has been preferred by the appellant

claiming the following reliefs:-
          "It is, therefore, respectfully                prayed   that   the
    impugned judgment dated 26.07.1993 passed by the
    learned Additional Chief Judicial Magistrate, Bhinmal may
    kindly be quashed and set aside and the accused-
    respondent may kindly be convicted and sentenced for
    the offence under Section 494              read with Section 34 of
    IPC"

     The brief facts as noticed by this Court are that the appellant

filed a complaint against his wife for committing bigamy. Learned

counsel also submitted that the offence was very well proved,

however, learned trial court has erred in acquitted the wife and



                    (Downloaded on 06/05/2022 at 08:28:35 PM)
                                                                           (2 of 2)                [CRLA-261/1994]



                                   her accomplices. Learned counsel further submitted that the

                                   statements given under Section 313 of Cr.P.C. by the accused-

                                   respondents were based on wrong facts.

                                         Learned counsel for the respondents submits that the

                                   marriage between the present appellant and the wife was never

                                   even solemnized.

                                         This Court after hearing learned counsel for the parties and

                                   perusing the material available on record finds that the order of

                                   the learned trial court is a well reasoned as both the marriages

                                   could not be proved before the learned trial court and thus, the

                                   benefit of doubt has been given to the respondents.

                                         In view of the above, no interference is called for in the

                                   present appeal and thus, the same is accordingly dismissed. All

                                   pending applications also stand dismissed accordingly.



                                                               (DR.PUSHPENDRA SINGH BHATI), J.

39-Sudheer/-

Powered by TCPDF (www.tcpdf.org)