B.H.SHANTHAMMA Vs. Y.JAYAPPA

JUDGEMENT

(1.) This appeal is filed by the complainant challenging the judgment of acquittal dtd. 18/9/2013 passed in C.C.No.1289/2005 by the Principal Civil Judge and J.M.F.C, Chitradurga, whereunder, respondent Nos.1 to 3 have been acquitted of the offences punishable under Ss. 494 and 109 of the Indian Penal Code, 1860 (for short hereinafter referred to as 'IPC').

(2.) The factual matrix of the case of the complainant in brief is as under; The complainant namely Smt.B.H.Shanthamma is the legally wedded wife of respondent No.1 - accused No.1 and their marriage came to be solemnized on 21/12/1994 at S.J.M.Samudaya Bhavan, Chitradurga according to the customs and usages prevailing in their community. The complainant and respondent No.1 lived together and out of their wedlock, they begot two sons by names Raghavendra and Sri.Shashidhara. After lapse of three years, respondent No.1 - accused No.1 started harassing the complainant physically as well as mentally. Respondent No.1 - accused No.1 has thrown the complainant out of the matrimonial home situated at Sondekola village and therefore, the complainant started residing in the rented house of one Sri.Chandrappa of Sondekola village. Respondent No.1 - accused No.1 had instituted matrimonial case in M.C.No.6/2003 seeking decree of divorce by making false and untenable allegations against the complainant. That, on 30/5/2004, at Rangaswamy temple at Ganjigatte village, Chitradurga taluk, at the instigation of the other accused, accused No.1 had taken accused No.2 as his second wife during the subsistence of marriage with accused No.1 and the complainant. The accused persons have committed the offences under Ss. 494, 495, 496 and 109 of IPC. The complainant came to know of the fact of second marriage of accused No.1 through her relative and thereafter, she enquired with the parents of accused No.2 and collected details regarding the marriage and filed the complaint. The learned Magistrate has recorded the sworn statement of the complainant and taken cognizance of the offences punishable under Ss. 494 and 109 of IPC against accused Nos.1 to 4. Charge came to be framed against accused Nos.1 to 4 for the offences under Ss. 494 and 109 of IPC. The accused not pleaded guilty.

(3.) The complainant, in order to prove the charge has examined herself as PW1 and got examined four witnesses as PWs.2 to 5 and got marked the documents as Exs.P1 to P8 and Exs.C1 to C3. Statement of the accused persons came to be recorded under Sec. 313 of Cr.P.C. Accused No.4 died during the pendency of the case before the Trial Court and case against him came to be abated. The learned Magistrate, after hearing the arguments on both sides, has formulated the points for consideration and thereafter, passed the impugned judgment of acquittal, acquitting accused Nos.1 to 3 who are respondent Nos.1 to 3 herein for the offences under Ss. 494 and 109 of IPC. The said judgment of acquittal has been challenged in this appeal by the complainant.