AMALIAMMAL Vs. RAYARSWAMI

JUDGEMENT

(1.) This appeal by a private party is against the judgment of the learned Sub-Divisional Judicial Magistrate, Dindigul, acquitting the first accused who has been charged with an offence under Section 494, I.P.C. and accused 2 and 3 who have been charged for offences under Section 494 read with Section 109, I.P.C.

(2.) The appellant is the legally wedded wife of the first respondent, Rayarswami and a daughter, Clara was born of the wedlock. The parties belong to Christian Catholic community. The allegation against the first accused was that during the subsistence of his marriage with the appellant he contracted a second marriage with the second accused. Sundarammal, and therefore, has committed an offence punishable under Section 484, I.P.C. The marriage is said to have been performed in the house of the third accused at Thavasimadai at the instigation of the third accused according to the appellant, the first accused was in illicit intimacy with the second accused and was living with her separately that the father of the first accused settled the properties in her favour and favour of her daughter Clara that at the time of the marriage of their daughter. Clara, the first accused, insisted on her executing a deed of release and she accordingly executed a deed of release and later she filed a civil suit in respect of that deed in Sub-Court, Dindigul, and that in that case the first accused filed a written statement admitting the second marriage with the second accused and then she made enquiries about the second marriage and preferred the complaint before the Magistrate she would also say that the first accused was converted to Hindu religion before his marriage with the second accused.

(3.) The defence was one of denial. The trial court came to the conclusion that the prosecution has not proved the second marriage and that the court cannot act on the admission of the first accused made in the written statement filed in the civil suit on the file of the Sub-Court, Dindigul and in the end acquitted the accused. The appellant, who is aggrieved, has filed this appeal.