RAJENDRA PRASAD GAIROLA Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2013-7-190
HIGH COURT OF UTTARAKHAND
Decided on July 24,2013

Rajendra Prasad Gairola Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) Smt. Poonam Gairola filed a criminal complaint case against her husband Rajendra Prasad Gairola, for the offences punishable under Sections 494, 120-B, 504 and 506 IPC. Accused was summoned to face the trial. Charge was framed against him. Complainant adduced her evidence. Incriminating evidence was put to the accused under Section 313 Cr.P.C., in which he said that he has been falsely implicated in the case. No evidence was given in defence. After considering the evidence on record, accused Rajendra Prasad Gairola was convicted for the offence punishable under Section 494 IPC. He was directed to undergo simple imprisonment for one year along with a fine of Rs. 800/-, vide judgment and order dated 10.01.2007. Aggrieved against the said order, which was passed by the Judicial Magistrate, Purola, accused (Rajendra Prasad Gairola) preferred a Criminal Appeal before the Sessions Judge, Uttarkashi. The lower appellate court dismissed the appeal and affirmed the conviction and sentence awarded to the accused, vide judgment and order dated 8th April, 2008. Aggrieved against the impugned judgment and order, present Criminal Revision was preferred by the convict.
(2.) PW 1 Smt. Poonam stated in her evidence that she is the first wife of Rajendra Prasad Gairola. Their marriage was solemnised on 12.09.1991. Two children were begotten by her out of the said wedlock. Rajendra Prasad Gairola served in the Medical Department. He married with Smt. Praveena, which marriage was registered before the Marriage Officer. Ram Chandra and Shiv Lal were the witnesses to the said marriage. Rajendra Prasad filed a case for dissolution of marriage against Poonam Gairola, but the said case was dismissed. In the cross-examination, she admitted that she was living separately from her husband since 1996. She also admitted that she and Rajendra Prasad Gairola entered into a compromise. There was nothing on record to disbelieve the evidence of PW 1, who is the first wife of the accused-revisionist, who performed the second marriage during the life time of his first wife.
(3.) PW 2 Mohd. Usman supported evidence of PW 1 and said that Poonam is the first wife of Rajendra Prasad Gairola, who married to Smt. Praveena during the life time of his first wife, without her consent.;


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