GOVINDAN NAIR Vs. STATE

JUDGEMENT

(1.) THE revision petitioner stands convicted on a charge under Section 494. Indian Penal Code and sentenced to R. I. for 8 months and also to a fine of Rupees 100/ -. The conviction and sentence passed by the Sub-Divisional Magistrate, has been confirmed by the Sessions Judge in appeal.

(2.) THE revision petitioner had married the complainant. Rajamma on 19-5-1957 and while that marriage was subsisting he contracted another marriage with the 2nd accused. Radha on 29-5-1968. It is on these facts that the complaint was preferred. Both the accused denied the charge. The main point argued at the final stage of the trial was that the alleged second marriage with the 2nd accused was not proved by satisfactory evidence and as such the charge is unsustainable. Repelling this contention, the conviction has been entered by the Courts below.

(3.) SECTION 494, Indian Penal Code reads: Whoever having a husband or wife living marries in any case in which such marriage is void by reason of its taking place during the life of such husband or "wife, shall be punished. . . . To constitute an offence it is essential that both the marriages should be valid and in accordance with the essential religious rites of the parties thereto. In the present case I do not think the factum of the first marriage having taken place in accordance with the customary and religious rites of the parties can be disputed, P. Ws. 2 to 5 have given cogent evidence in support of the first marriage. Of these, P. W. 3 was at the time the secretary of the local N. S. S. Karavosam. He witnessed the marriage in his official capacity and P. W. 4 is the uncle of the complainant. He was present at the marriage and has sworn to the various details of the ceremony. P. W. 5 is a retired head clerk of the Sub-Registrar's Office and he too supports the complainant's case that she was married by the 1st accused in accordance with the religious rites obtaining in the community. There is documentary evidence also. For instance Ex-P-1. is the N. S. S. Karayogam register, on page 10 of which the couple have affixed their signature. There is also Ex. P-2. the certified copy of the register of marriages of Nairs in Vaikom taluk maintained by the Revenue Officials.