(1.) In this case the two petitioners have been convicted of an offence under Section 4(2), Madras Hindu (Bigamy Prevention and Divorce) Act, VII (7) of 1949 and sentenced to imprisonment till the rising of the Court and to pay a fine of Rs. 50/- or one month simple imprisonment in default. The case against the petitioners is that the first accused married the second accused while his marriage with the complainant was subsisting. He married the complainant on 30th June 1947 and having abandoned her after illtreating her, he married the second accused on 2nd May 1949 thereby committing an offence under Section 4 (2) of Act VII (7) of 1949.
(2.) The plea of the accused was that there was no second marriage as spoken to by the prosecution witnesses.
(3.) In support of the prosecution case P. Ws. 2 and 3, who witnessed the marriage in the Mallikeswaran Koil, were examined. According to these two witnesses the first accused tied the tali round the neck of the second accused in the temple in the presence of the idol.