KARTHIAYANI Vs. VISWANATHAN

JUDGEMENT

(1.) The appellant / complainant assails the appellate judgment of acquittal rendered in favour of the respondents (accused 1 and 2) in a prosecution under S.494 I.P.C.

(2.) The complainant alleged that on 05/02/1978, the 1st accused had married her in accordance with Customary rites. Two children were born in the wedlock. There was acrimony in their marriage. They started living separately. One child was living with the complainant, the other lived with the 1st accused.

(3.) While so, the complainant came to know that the 1st accused was proposing to marry the 2nd accused. PW 2, the brother of the complainant went to the house of the 2nd accused and informed persons there that the 1st accused was already married. He was allegedly assured that the marriage will not take place. But the marriage between the 1st and the 2nd accused took place allegedly in accordance with the customary rites on 15/03/1993 at Guruvayur temple. A child was born in such marriage on 29/07/1994. It is in these circumstances, that the complainant came to court alleging commission of the offence punishable under S.494 IPC against six accused persons. Accused 3 to 6, relatives of the 1st and 2nd accused were discharged under S.245 CrPC. The trial proceeded only against the 1st and 2nd accused.