- (1.)This is a Rule issued at the instance of the Petitioner Netai Haider against his conviction and sentence passed under Sec. 494, Indian Penal Code, sentencing him to suffer simple imprisonment for two years and to pay a fine of Rs. 500, in default, to suffer further simple imprisonment for three months, passed by the learned First Class Magistrate at Diamond Harbour which was confirmed on appeal by the Additional Sessions Judge, 24 -Parganas.
(2.)The prosecution case is that the accused Petitioner, a Hindu, married one Kanaklata Haider according to Hindu rites and religion, and while the said marriage was still subsisting the accused married one Sumitra for the second time and thereby committed the offence of bigamy under Sec. 494, Indian Penal Code.
(3.)Mr. Bhupen Panda appearing for the Petitioner submits that to bring home the charge of bigamy the prosecution must prove that the accused having a lawfully married wife married again. Therefore, to sustain the conviction we will have to be satisfied that the Petitioner Netai validly married the complainant Kanaklata and also during the subsistence of that marriage married Sumitra again.