SAROJA Vs. RANGANATHAN AND OTHERS

JUDGEMENT

(1.) THIS appeal is arising out of the judgment of acquittal of the respondents -accused under Sections 494, IPC and 494 read with 109 of IPC on the basis of private complaint given by the appellant herein. The de -facto complainant has filed this appeal.

(2.) THE case of the complainant is as follows: Complainant/She is the legally wedded wife of the first respondent -A1. During the subsistence of the first marriage, A -1 has married one Kunjan alias Selvi. A -2 is the mother of A -1. A -3 is the father of the said Selvi. A -4 is the son of A -3. A -5 is the sister of A -1. During the subsistence of marriage between the complainant and A -1, the second marriage of A -1 with the said Selvi has been performed on 7.7.1996. The first wife, the appellant herein, has given a private complaint on 28.8.1996.

(3.) THE trial Court framed necessary charges and after examining the evidence of P.Ws.1 to 3, acquitted the accused, stating that there was a delay in preferring the complaint and P.Ws. 2 and 3, who are alleged to be the eye -witness for the marriage, have not deposed in accordance with law. They have not prevented the marriage. They have not immediately intimated the factum of marriage to P.W.1, the wife of A -1. The other ground for acquittal is that the marriage between A -1 and the said Selvi is not in accordance with the Hindu customs and rites. Against the said acquittal, the present appeal has been preferred by the complainant.