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| Govt. Employee enters into second wedlock in presence of first wife | | HC awards two years RI, Rs 10,000 fine | |
JAMMU, JULY 05- Justice Nirmal Singh of Jammu and Kashmir High Court, Jammu wing, in an appeal filed by the first wife of the accused against the judgment of Additional Sessions Judge Kishtwar passed on May 10, 2001 whereby the Court below acquitted Rishi Kumar and others on the grounds of sympathy from the charges u/s 494 r/w section 109 of RPC, has awarded rigorous imprisonment of two years with a fine of Rs 10,000 and in default of payment of fine the convict shall further undergo RI for three months.
Roma Devi, who was legally married to Rishi Kumar on June 26, 1989; was living with her husband for about five years and out of wedlock two children were born. Rishi Kumar contracted second marriage with Anchala Devi on February 17, 1995. The respondent No 1 was charge-sheeted u/s 494 RPC whereas Anchala Devi was charge sheeted u/s 494 r/w sections 119 RPC.
The Court below acquitted the accused on the ground sympathy. Roma Devi aggrieved by the judgment of Court below filed this appeal in the State High Court.
Justice Nirmal Singh after hearing Advocate Sunil Sethi appearing for Roma Devi and Advocate PN Raina appearing for Rishi Kumar held the accused guilty and convicted him u/s 494 RPC and dismissed the appeal against Anchala Devi.
Justice Singh after referring various judgments of the Supreme Court observed that in the opinion of the Court, who is compelled to face such like situation as the appellant in this case is facing , will have to lead miserable life along with her children who will be most sufferer for no fault of theirs and in case such like convicts, as in the present case, are released on probation, they will enjoy their life by paying compensation with an assurance to maintain the unfortunate lady and her children. The release of such like convict has bad affect on the society and such persons don’t deserve any sympathy. The only way is to award him deterrent punishment and with these observations Court awarded two years rigorous imprisonment to the accused with a fine of Rs.10,000.
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