MAHALINGAPPA Vs. KENCHAMMA

JUDGEMENT

(1.) THIS revision petition is referred by the learned Single Judge and as per the order of the hon'ble Chief Justice to this Bench.

(2.) THE facts leading to the present petition and reference are as follows:the respondent herein Smt. Kenchamma had filed a complaint before the learned JMFC, hiriyur, in C. C. No. 712/1997 to take criminal action against Sri Mahalingappa and others for the offences punishable under Section 494, 109 r/w 34 IPC, on the ground that the 1st accused mahalingappa is the legally married husband of the complainant, their marriage having been solemnized on 2. 1. 1997 as per the Hindu Customs and Rights prevailing in their caste; that after the marriage having led marital life for a period of 4 months, accused went to Aladamarahatti village and thereafter on 3. 5. 1997 the complainant was informed that her husband and accused no. 2 got married with one Indramma at Kanive Maramma Temple and it is the case of the complainant that thereafter the accused came back to the house, wherein the complainant was residing along with Smt. Indramma accused No. 2 and informed the complainant that he has married her and then not only both started living there but also threw out the complainant from his house. As such while the marriage of the complainant with accused No. 1 was subsisting, his (accused No. 1) marriage with the 2nd accused amounts to bigamy and hence the complaint.

(3.) AFTER taking cognizance against three accused and after recording the evidence, the learned magistrate by the order dated 11. 7. 2001 though acquitted all the accused for the offences punishable under Sections 494 r/w 34 IPC, however awarded a compensation of Rs. 10,000/- to be paid by accused No. l to the complainant within one month from the date of order. It is this part of the order viz. , awarding compensation inspite of acquittal by the Trial Court, the present revision petition is filed.