Bheru Lal vs State on 18 March, 2026

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    Rajasthan High Court – Jodhpur

    Bheru Lal vs State on 18 March, 2026

    Author: Farjand Ali

    Bench: Farjand Ali

    [2026:RJ-JD:12405]
    
          HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
                         S.B. Criminal Appeal No. 670/2011
    
    Smt.Bhagwanti Devi W/o Sh. Bheru Lal Tank, R/o Talaya, PS
    Dhamotar, District Pratapgarh
                                                                          ----Appellant
                                           Versus
    1. Bheru Lal S/o Kishan Lal Tank at present R/o Pala Khedi PS
    Nikumb, District Chittorgarh
    2. Smt. Madhu @ Maniya D/o Jamana Lal Tank, R/o Javad,
    District Neemuch (MP)
                                                                        ----Respondent
                                     Connected With
                 S.B. Criminal Revision Petition No. 224/2004
    Bheru Lal S/o Kishan Lal Tak, R/o Gayariyawas, Udaipur.
                                                                          ----Appellant
                                           Versus
    State Of Rajasthan
                                                                        ----Respondent
    
    
    For Appellant(s)             :     Mr. Bheru Lal present in person
    For Respondent(s)            :     Mr. N.S. Chandawat, Dy.GA
                                       Ms. Bhagwanti present in person
                                       Mr. S.S. Rathore
                                       Ms. Ayushi Rathore
                                       Mr. Chain Singh Rathore
    
    
    
                    HON'BLE MR. JUSTICE FARJAND ALI
    
                                 Judgment / Order
    
    DATE OF CONCLUSION OF ARGUMENTS                                      04/02/2026
    DATE ON WHICH ORDER IS RESERVED                                      04/02/2026
    FULL ORDER OR OPERATIVE PART                                          Full Order
    DATE OF PRONOUNCEMENT                                                18/03/2026
    
    BY THE COURT:-

    1. The present matter pertains to two interconnected legal

    proceedings arising from matrimonial discord between the parties,

    SPONSORED

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    which encompass both a criminal appeal and a criminal revision

    petition. These proceedings, while distinct, are intrinsically linked

    by overlapping factual circumstances and interrelated legal

    questions.

    1.1. The appellant-wife, Smt. Bhagwanti Devi, has filed a criminal

    appeal under Section 372 of the Code of Criminal Procedure

    (CrPC) challenging the judgment of acquittal rendered on

    15.06.2011 by the learned Additional Sessions Judge-cum-Special

    Judge, SC/ST Act Cases, Pratapgarh, in Criminal Appeal No.

    6/2010. In this case, her husband, the accused-respondent Bheru

    Lal, was acquitted of the charge under Section 494 of the Indian

    Penal Code (IPC), which pertains to the offence of bigamy. The

    appellate court allowed the appeal of the accused, overturning the

    trial court’s conviction. The trial court had, on 09.06.2008,

    convicted the accused-respondents under Section 494 IPC, read

    with Section 109 IPC, sentencing them to two years’ simple

    imprisonment, along with a fine of ₹1,000 each, with a default

    stipulation of an additional twenty days of simple imprisonment.

    1.2. Simultaneously, the husband has filed a criminal revision

    petition, challenging the judgment passed on 12.04.2004 by the

    learned Additional Sessions Judge and Special Judge, SC/ST

    (Prevention of Atrocities) Cases, Pratapgarh, in Criminal Appeal

    No. 19/2004, arising out of Criminal Case No. 26/2003. This

    appeal had affirmed the conviction of the accused under Section

    498A IPC for cruelty, which had been imposed by the learned

    Additional Civil Judge-cum-Judicial Magistrate, Pratapgarh, in his

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    judgment dated 16.06.2003. In the criminal case, the accused

    was convicted for cruelty under Section 498A IPC and sentenced

    to undergo one year’s simple imprisonment, along with a fine of

    ₹1,000, with a default stipulation of an additional month’s

    imprisonment.

    1.3. Given the intertwined nature of the facts and the overlapping

    legal issues, both the appeal and the revision petition are being

    adjudicated together as part of a consolidated examination.

    Facts and Findings in Criminal Appeal No. 670/2011

    2. The appellant, Smt. Bhagwanti Devi, married Bheru Lal

    around two decades ago, and from their marriage, three children

    were born, although only one survived. In 1999, Bhagwanti

    learned that her husband intended to marry another woman,

    Madhu @ Maniya Tank, during the subsistence of their lawful

    marriage. Despite her efforts to intervene and prevent the second

    marriage, Bheru Lal proceeded with it.

    2.1. Subsequently, Bhagwanti filed a complaint alleging that her

    husband had contracted a second marriage, thereby committing

    the offence of bigamy under Section 494 of the IPC. After

    investigation, charges were framed, and the trial court convicted

    the accused under Section 494 read with Section 109 IPC. He was

    sentenced to two years’ simple imprisonment along with a fine.

    The accused appealed the conviction, and the appellate court

    allowed the appeal, acquitting the accused of the charge. This

    decision was subsequently challenged by Bhagwanti in the present

    appeal.

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    3. In the appeal, this Court carefully examined the reasoning of

    the appellate court and the evidence on record. It is a well-

    established legal principle that to sustain a conviction under

    Section 494 IPC, the prosecution must prove two critical

    elements: (1) the existence of a valid and subsisting marriage at

    the relevant time, and (2) the performance of a second marriage

    with all the necessary ceremonies prescribed under personal law.

    3.1. The prosecution, however, failed to provide adequate proof of

    the solemnization of the second marriage, particularly the

    performance of requisite ceremonies such as saptapadi, which is

    essential to validate a marriage under Hindu law. The testimonies

    of the prosecution witnesses were riddled with contradictions and

    lacked corroboration. For instance, discrepancies arose regarding

    the location of the second marriage, the timing of the ceremony,

    and the mode of travel. These inconsistencies significantly

    weakened the credibility of the prosecution’s case.

    3.2. This Court finds it pertinent to refer to the judgment in

    Vinod Kumari v. State of Rajasthan and Ors. (SBCRLA No.

    734/2023, decided on 03.09.2023), which dealt with a similar

    issue concerning the prosecution’s failure to establish the offence

    under Section 494 IPC. In that case, the Court highlighted the

    settled legal position that the prosecution must establish the

    existence of a valid and subsisting marriage between the

    complainant and the accused at the relevant time, and the

    solemnization of a second marriage with all necessary customary

    rites. The Court underscored that mere assertions of cohabitation

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    or living together as husband and wife fall short of the statutory

    requirements under Section 494 IPC.

    3.3. In Vinod Kumari (Supra), the prosecution was found

    wanting in providing concrete proof of the second marriage. The

    witnesses’ testimonies were inconsistent, and there was no

    corroborative evidence to substantiate the charge. The Court, in

    that case, emphasized that suspicion alone cannot substitute

    proof, and the prosecution must prove its case beyond reasonable

    doubt. Following these binding principles, this Court finds that the

    prosecution in the present case similarly failed to discharge its

    burden of proof.

    4. The appellate court, after a careful reappraisal of the

    evidence, rightly acquitted the accused, as the evidence was

    insufficient to establish the commission of the offence under

    Section 494 IPC. The appellate court’s reasoning was sound,

    grounded in well-established legal principles, and free from

    perversity. Thus, this Court upholds the decision of the appellate

    court and dismissed the appeal filed by the complainant.

    Facts and Findings in Criminal Revision Petition No.

    224/2004

    1. In a separate but related matter, Bhagwanti filed a complaint

    against her husband Bheru Lal and his family members under

    Section 498A IPC, alleging cruelty. The complaint accused Bheru

    Lal of subjecting her to physical and mental abuse, primarily due

    to a dowry demand of ₹10,000. Bhagwanti claimed that when she

    could not meet this demand, she was subjected to continuous

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    harassment, which culminated in a failed attempt to set her ablaze

    by the husband. The trial court convicted the husband under

    Section 498A IPC and sentenced him to one year’s imprisonment

    along with a fine. The conviction was upheld by the appellate

    court, and Bheru Lal filed the present revision petition, challenging

    the findings.

    2. The core issue before this Court in the revision petition

    pertains to the challenge to the sentence rather than the

    conviction itself. Bhagwanti’s testimony, supported by other

    witnesses, painted a consistent picture of systematic mental and

    physical cruelty. The allegations of verbal abuse, false accusations

    regarding her character, and an attempt to cause her physical

    harm through a kerosene-burning incident were credible. The trial

    and appellate courts meticulously evaluated the evidence and

    found that Bheru Lal’s actions amounted to cruelty as defined

    under Section 498A IPC.

    3. This Court finds no error in the concurrent findings of the

    lower courts regarding the conviction, as the evidence presented

    clearly establishes a pattern of behavior that caused significant

    emotional distress and physical harm to the wife. The husband’s

    conduct, including false imputations on her chastity, constitutes a

    form of mental cruelty, which is a recognized ground for relief

    under Section 498A IPC.

    4. Regarding the sentence, however, the husband’s counsel

    made a compelling argument that the long delay in proceedings,

    coupled with the fact that the offence occurred over three decades

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    ago, necessitates a reconsideration of the punishment. The

    petitioner had already undergone a brief period of incarceration,

    and there was no indication that he had committed any further

    criminal acts during the pendency of the case.

    5. This Court, taking into account the significant passage of

    time and the petitioner’s age, as well as the lack of subsequent

    criminal conduct, finds merit in the submission. While the

    conviction remains intact, the Court reduces the sentence to the

    period already undergone by the petitioner. This approach aligns

    with the principles of reformative justice, which emphasize

    rehabilitation over retribution in cases where the offender has

    shown no further inclination to commit criminal acts.

    Conclusion

    6. In light of the above, the appeal filed by Bhagwanti against

    the acquittal of her husband under Section 494 IPC is dismissed,

    as the prosecution failed to prove the essential elements of the

    offence beyond reasonable doubt. The concurrent findings of the

    lower courts in relation to Section 498A IPC are affirmed, as the

    husband’s conduct amounted to cruelty under the provisions of

    the Indian Penal Code.

    7. With regard to the revision petition, the sentence is reduced

    to the period already undergone by the petitioner, acknowledging

    the prolonged delay in the proceedings and his reformed conduct.

    The fine amount of ₹1,000 imposed by the trial court remains

    unchanged.

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    8. Both judgments of the lower courts, namely the acquittal

    under Section 494 IPC and the conviction under Section 498A IPC,

    are hereby affirmed, with the sentence in the latter case being

    modified in accordance with the Court’s findings.

    (FARJAND ALI),J
    134-Mamta/-

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