P.K. VALSALA Vs. P. NARAYANAN

JUDGEMENT

(1.) Respondents 1 and 2 in Crl. Appeal No. 617 of 2010 are the accused in C.C. No. 353 of 2007 on the file of the Judicial First Class Magistrate-II, Kannur for offences punishable under Sections 493, 494, 497, 418, 419, 498(A) r/w Section 34 IPC. Crl.R.P. No. 1007 of 2010 arises from C.C. No. 613 of 2005, which was filed on the basis of a complaint filed by the brother of the appellant. The parties are referred to as in Crl. Appeal No. 617 of 2010.

(2.) The appellant is the legally wedded wife of the first respondent and two children were born in that wedlock. During the subsistence of this marriage, he married the second respondent at Kadalayi Sree Krishna Temple by giving false name and address in order to conceal identity. On the basis of the complaint filed by the brother of the appellant, Crime No. 298 of 2005 was registered before the Valappattanam Police Station; but the final report was filed only against first respondent. Therefore, the appellant has filed the aforesaid complaint against both respondents 1 and 2 and their relatives. The learned Magistrate took cognizance only against respondents 1 and 2. Since both the cases were in respect of the same incident, the appellant filed a petition before the court below to exercise its powers under Section 210(2) of Cr.P.C to club both the cases together.

(3.) The learned Magistrate, after enquiry, took the case on file against respondents 1 and 2 for the offences under Sections 419 and 494 IPC r/w Section 109 IPC respectively and discharge the other accused persons. On receipt of summons, respondents 1 and 2 appeared and were released on bail. During trial, PWs 1 to 11 were examined and Exts. P1 and P2 were marked on behalf of the complainant. Charges were framed against respondents 1 and 2 and they pleaded not guilty to the charges framed against them. The learned Magistrate, after trial as per judgment dated 21.11.2009, acquitted respondents 1 and 2 on the ground that the offences alleged against them had not been proved.