P P SHYLAJA Vs. PREMAJAN

JUDGEMENT

(1.) The first respondent, Premajan, is accused of having married for the second time, during the life time of his first wife, the appellant herein, P.P. Shylaja and, therefore, at the instance of the latter, a complaint has been preferred before the Judicial First Class Magistrate Court, Aluva, as C.C. No. 99/89, under Section 494, I.P.C. Eight witnesses and two documents, Exts. P1 and P2 series were marked. The accused entered the box and examined himself as D.W. 1. Ext. D1 was marked. The learned Trial Magistrate found the accused guilty, and, therefore, convicted and sentenced him to undergo simple imprisonment for one year. It was challenged before the 5th Additional Sessions Court, Ernakulam, Crl. A. No: 109/93. The learned Sessions Judge, as per the impugned judgment, found the evidence for the second valid marriage lacking, and, therefore, set aside the convection and sentence passed by the Trial Court, and acquitted the accused. Hence, the complainant P.P. Shylaja, came up in appeal before this Court challenging the findings of the learned Sessions Judge.

(2.) I have heard the learned Counsel appearing for the appellant, Mr. P.S. Krishna Pillai. The main contention of the Counsel is that P.Ws. 6 and 7, who were representatives of the local Karayogam, had deposed in detail, about the ceremonies held in the 2nd marriage, which would prove that a valid marriage has been solemnised between Ashadevi and Premajan, and, therefore, the ingredients required under Section 494, I.P.C. are established, and hence prayed to set aside the findings of the Sessions Court.

(3.) Both the Courts below found the marriage of P.P. Shylaja with Premajan valid. Therefore, the moot point to be analysed is whether there was a valid second marriage during the life time of Shylaja. The evidence of P.Ws. 6 and 7 reveal that there was some sort of function in the pooja room of Ashadevi in her house. Though, P.W. 6 had deposed that there was exchange of garlands, tying of Thali, he did not speak of the other ceremonies required to complete the marriage, except concluding his deposition that all the functions required to complete a valid marriage according to the custom of the community had been ceremonised. P.W. 7, on the other hand, deposed that both Ashadevi and Premajan had gone around Nirapara and Nilavilakku. But the evidence of this witness is not corroborated by P.W. 6, in other details.