TAYAWWA Vs. NARASAPPA

JUDGEMENT

(1.) This appeal is preferred challenging the judgment of acquittal passed in CC No. 755/2007 by the JMFC, Saundatti, dated 6/5/2009 for the offence punishable under Section 494 of Indian Penal Code, 1860.

(2.) Before adverting to the point involved in this case, it is just and necessary to bear in mind the factual matrix of this case.

(3.) A lady by name Tayavva W/o Narasappa Darshnakolla filed a private complaint under Section 200, Cr.P.C. for the offences punishable under Sections 494 and 420 r/w Section 34 of Indian Penal Code, 1860 making allegations that the complainant was the first wife of Accused No. 1 and their marriage took place according to the Hindu Rights and Custom and during the course of converture the complainant and the accused No. 1 were blessed with one girl by name Karevva. It is further alleged that the accused No. 1 on 12/5/1987 married for the second time, the 2nd respondent herein (accused No. 2 before the trial Court) according to the rights and customs existing at that point of time. It is also stated that the marriage between accused Nos. 1 and 2 was registered in the office of the Sub-Registrar on 1/8/2003. The accused Nos. 1 and 2 knowing fully well that the marriage between accused No. 1 and the complainant was not desolved and not declared as void by any Court of Law and during the existence of the first marriage, the accused Nos. 1 and 2 joined together and got themselves married. Therefore, the accused Nos. 1 and 2 have committed the offences under Sections 494 and 420 of IPC. The accused persons in fact have appeared before the trial Court and contested the proceedings. The trial Court has recorded the plea of the accused and infact, the accused persons have not pleaded guilty and therefore, the trial Court after recording the evidence on the side of the complainant as well as the accused and after analysing the oral and documentary evidence on record, came to the conclusion that the complainant has not proved her case beyond reasonable doubt and the trial Court has acquitted the accused. Against which the present appeal is preferred.