AIR 2009 SC (Supp) 2056 ::(2009) 1 CriLR(Raj) 488 ::(2009) 2 MarriLJ 249 ::(2009) 3 CurCriR 320 ::(2009) 3 DLT(CRL) 730 ::(2009) 2 DMC 471 ::(2009) 66 AllCriC 399 ::(2009) 79 AllIndCas 88 (SC) ::(2010) 2 Gau LT 27 ::2009 CriLR(SC&MP) 488 ::2009 (13) SCC 330 ::2010 (1) SCC (Cri) 1015 ::(2009) 4 Mad LJ(Cri) 506 ::(2009) 8 Scale 794 ::2009 CriLR(SC MAH GUJ) 488

Supreme Court Of India

(From : Gauhati)

Hon'ble Judge(s): Mukundakam Sharma, B. S. Chauhan , JJ

(A) Constitution of India , Art.134— Appeal - Concurrent findings of fact by three lower Courts on issue of bigamy - Lower Courts bad exercised their discretion in good faith giving due weight to relevant material and without being swayed by any irrelevant material - Supreme Court being the fourth Court would not interfere, even if two views are possible on said question of fact. (Para 10 12 13) (B) Penal Code (45 of 1860) , S.498A— Cruelty - Petty quarrels cannot be termed as 'cruelty' to attract provisions of S.498-A. (Para 22) (C) Penal Code (45 of 1860) , S.498A— Cruelty - Proof - Appellant allegedly tortured his wife - Complaint by wife of alleged incident of physical and mental torture upto year 1993 when she left matrimonial home and started living with her father - Complaint was lodged by filing an FIR in 1997 i.e., after four years of leaving matrimonial home - Mental or physical torture was not continuous as there is no complaint between 1993 to 1997 - No allegation that she was subjected to physical or mental torture after birth of child in 1993 - Conviction of appellant is not proper. Cri. Rev. (P) No.578 of 2000....