- (1.) This appeal has arisen out of the judgment and order, dated 29.12.2003, passed, in Criminal Appeal No. 27 of 1998, by the learned Additional Sessions Judge (FTC No. 2), Kamrup, Guwahati, whereby the learned Additional Sessions Judge has set aside the judgment and order, dated 14.09.1998, passed, in Complaint Case No. 821 of 1996, by the learned Chief Judicial Magistrate, Kamrup, Guwahati, convicting the accused-respondent under Section 494 IPC and sentencing him to undergo rigorous imprisonment for 3(three) years. In consequence of the setting aside of the conviction of the accused-respondent by the learned Additional Sessions Judge, the accused-respondent has been acquitted of the offence of bigamy punishable under Section 494 IPC.
(2.) Before entering into the discussion of the merit of the impugned judgment and order passed by the learned appellate Court acquitting the accused-respondent, it is apposite to take note of the case, which the complainant-appellant had set out in her complaint. The case of the complainant-appellant, as unfolded at the trial, may, in brief, be described: (i) The appellant, Dipali Bhagabati, was married to accused Dr. Pramod Chandra Bhagabati, on 20.03.1987, at the residence of her uncle, late Upen Chang Kakoti, at South Sarania, as per Hindu customary rites. After the marriage, the couple started residing, as husband and wife, at the official quarter of the accused, at Kahikuchi. On 07.03.1996, the accused disappeared from his official residence without giving any information to the complainant and, on 13.03.1996, at about 5 'O' clock in the evening, the accused reappeared at his official residence and informed the complainant that he had married, on 11.03.1996, Bina Sarma, a resident of Dibrugarh, as par Hindu customary rights and that he (accused) had kept Bina Sarma at the former's residence at Nalbari and wanted to forcibly take the complainant, too, to the residence of the accused at Nalbari. The complainant did not, however, agree to go to Nalbari. (ii) Thereafter, the accused went away and did not turn up at his office or at his official residence. Finding no other alternative, complainant informed the matter to the Principal, Assam Agricultural University, and her maternal uncles, namely, Balin Bordoloi and Nabin Bordoloi. The complainant also sent a message to her brother, Hirok Chang Kakoti, who had been staying at Bangalore. Hirok Chang Kakoti came rushing to Guwahati and, then, went to Dibrugarh and, upon making inquiry, learnt that the accused had solemnized 2nd marriage with Bina Sarma, daughter of one Ranjan Sarma, on 11.03.1996, as per Hindu rites and rituals, with Madhab Ch. Sarma having acted as the priest. The accused has, thus, committed the offence of bigamy punishable under Section 494 IPC.
(3.) In course of time, when a charge, under Section 494 IPC, was framed against the accused, he pleaded not guilty thereto.;