KALIMUTHA Vs. AMMA MUTHU

JUDGEMENT

(1.) The first accused for an offence under section 494 and the 2nd to 6th accused under section 494 read wFith 109, Indian Penal Code, 1860 were convicted by the learned Svb-Divisional Judicial Magis. trate, Ramanathapura m in C.C. No. 301 of 1977. All the accused had been sentenced to suffer imprisonment till raising of the Court and to pay a fine of Rs. 200 each in default to undergo simple imprisonment for the two months.

(2.) Against the order of the trial Court, an appeal was preferred in C. A. No. 227 of 1978 before the learned Sessions Judge of Ramanathapuram at Madurai who dismissed the appeal, confirming the convictions and sentences. The present revision before me is preferred challenging the validity and legality of the order of the lower appellate Court.

(3.) Briefly the case against the petitioners can be stated as follows: There was intimacy for a long time between P.W. 1 Ammamuthu and the first accused Kalimuthu. This had come to the knowledge of the villagers of Keeraikotai. P.W. 1 and the first accused agreed to get themselves married and accordingly on 31st July, 1977, they married and were living together as husband and wife for about a fortnight in the first accuseds house. While so. the first accuseds father who lives in Malaysia wrote a letter which induced the 4th to 6th accused to take the first accused from his house, thus putting an end to the relationship between the spouses. On 19th August, 1977, at about 9-30 a.m. it is alleged, the first accused married one Boopathi in the Ammankoil at Karaikudi while his marriage with P.W. 1 Ammamuthu was still subsisting. The other accused helped in conducting the second marriage. P.W.I preferred a complaint under section 494, Indian Penal Code, 1860, against the first accused and under section 494 read with 109, Indian Penal Code, 1860, against the other accused.