MAYAPPA GOUNDEN Vs. BHAGYALAKSHMI

JUDGEMENT

(1.) FIRST accused in C.C. No. 10. 139/79 on the file of the Additional Judicial First Class Magistrate's Court, Palghat is the petitioner. He along with 9 others was charged with offence under section 494 read with section 34 IPC. After trial the learned Magistrate found the petitioner, first accused guilty of the offence under Section 494 and convicted him thereunder. All the other accused were acquitted The petitioner was sentenced to undergo simple imprisonment for 5 months and to pay a fine, of Rs. 500. In default of payment of fine he was directed to suffer simple imprisonment for 11 -1/2 months. The said conviction and sentence were challenged before the Sessions Court, Palghat in Crl. Appeal ?4o. 3/82. The learned Sessions Judge dismissed the appeal. Hence this revision petition.

(2.) THE short question that arises for consideration is whether the petitioner contracted a valid marriage with the second accused in the case.

(3.) FOR a successful prosecution for the offence of bigamy under Section 494 IPC it is necessary to establish that the second marriage had been performed in accordance with the religious rites applicable to the form of marriage. It is necessary for the prosecution to establish that the alleged second marriage had been duly performed in accordance wish the essential religious rites. If the alleged second marriage is not a valid one according to law applicable to the parties no offence under Section 494 IPC will be established In Priya Bala v. Suresh Chandra, AIR 1971 SC 1153. Their lordships observed :