DAVAMANI Vs. R RAJAMOORTHY

JUDGEMENT

(1.) This appeal is preferred by the complainant against the order of the acquittal passed by the learned Judicial Magistrate No. 2, Trichy in C.C. No. 1202 of 1991. The appellant has filed a private complaint against the respondents.

(2.) The case of the complainant is as follows: A 3 is the mother of Al and A2 is the wife of Al, A4 and A5 are this brothers of Al, A6 is the wife of A4 and A7 is the wife of A5. The marriage between the complainant and the first accused took place on 8-4-1984 at Thuraiyur Perumalmalai Adivaram as per the rites and customs of their community. Thereafter, they lived as husband and wife till 1986. The complainant spent an her earnings to the family members of the first accused. When they further demanded the gold ornaments of the complainant for the use of A4 and A5, the complainant refused to give the same. Thereafter, the first accused filed HMOP before the Principal Sub ordinate Judge, Trichy in HMOP No. 129/89 under Section 13(1) of Hindu Marriage Act to obtain divorce. The above OP was dismissed, by the Court. Thereafter, the complainant and Al started living separately. On 19-2- 1989, when the complainant went for her duty, the first accused came to the complainantTs house and has stolen the complainants belongings and a police complaint, was also lodged by the complainant. On 2-6-1989, the first accused issued a legal notice to the complainant requesting her to resign her job. The marriage between the complainant and the first accused is still subsisting. The complainant came to know on 21-7-1991 through Mr. Arivukannu that Al married A2 at Kanthasamy Udayar Temple on 29-4-1990 and a male child was born to them, out of the above said wedlock. The complainant learnt that all the accused i.e., A3 to A7 took active part in the marriage. The complainant informed the matter to her father and brother. The complainants father, brother alongwith the complainant went to Als house. Accused 1 and 2 committed the offence under Section 494, I.P.C. and all the other accused committed the offence under Section 194 read with Section 109, I.P.C. After recording the sworn statement of the complainant, the Magistrate took the case on file under Section 494, I.P.C. and Section 494 read with Section 109, I.P.C.

(3.) The complainant has examined PW5. 1 to 6. On the side of the accused D.W.1, has been examined. The accused denied that the first accused married the second accused as alleged by the complainant.