KANNAN Vs. SELVAMUTHUKANI

JUDGEMENT

(1.) Leave granted.

(2.) These two appeals, by special leave, can be disposed of by a common judgment as they challenge the judgment andorder dated 24.9.2008 delivered by the Madras High Court in Criminal R.C. Nos. 1439 and 1440 of 2005 filed by the respondent.

(3.) It is necessary to state the facts which led to these appeals. The respondent Selvamuthukani @ Selvamuthu is the original complainant ( 'the complainant' for short). She filed a private complaint in the court of Judicial Magistrate No. 1, Coimbatore being CC No. 620 of 1992 against Kannan (original accused 1 'A1' for short), M. Rangan Chettiar (original accused 2 'A2' for short), Murugayee (original accused 3 'A3' for short), K. Palaniammal (original accused 4 'A4' for short), Ganesan (original accused 5 'A5' for short) and seven others. The complainant alleged that she was married to A1 on 16.6.1980. According to her, during the subsistence of her marriage with A1, A1 married A4 and thus committed an offence punishable under Section 494 of the Indian Penal Code (for short 'the IPC'). The complainant further alleged that by actively assisting and participating in the said marriage ceremony, the other accused abetted the commission of said offence and they are thus guilty of offence punishable under Section 494 read with Section 109 of the IPC. After perusing the complaint and deposition of the complainant, learned Magistrate framed charge under Section 494 of the IPC against A1 and under Section 494 read with Section 109 of the IPC against A2 to A5. The complainant examined herself as PW-1. She also examined two more witnesses (PW-2 and PW-3). The accused examined two witnesses in support of their case (DW-1 and DW-2). After perusing the evidence on record, learned Magistrate held A1 guilty of offence punishable under Section 494 of the IPC. He held A2 to A5 guilty of offence punishable under Section 494 read with Section 109 of the IPC. He sentenced all the accused to undergo rigorous imprisonment for two years each and to pay a fine of Rs.1,000/- each. In default, the accused were to undergo rigorous imprisonment for one month.