P KONDIAH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This revision petition is against the judgment of the Sessions Judge of Masulipatara confirming the conviction of the first accused under Section 494, I. P. C. and the sentence of four months' rigorous imprisonment and the conviction of the 2nd accused under Section 4 (3) of the Madras Hindu (Bigamy Prevention and Divorce) Act and the sentence of Rs. 60 in default, imprisonment.

(2.) The case against the first petitioner is that he took a third wife while his marriage with the second wife subsisted. Several pleas were taken by the accused, but all of them were rejected and the petitioners were found guilty by the Additional First Class Magistrate, Bandar, which was confirmed by the Sessions Judge of Masulipatam.

(3.) In revision, the propriety of the convictions is questioned by Miss Sarala on the ground that the complaint is filed by one who is not a person aggrieved within the meaning of Section 198, Criminal P. C. Prom the provisions of Section 198, it is clear that only a complaint filed by a person aggrieved by an offence under Section 494 I. P. C. could foe taken cognizance of by a court. So, unless p. W. 1 is a person within the purview of Section 198, Criminal P. C., the Magistrate would not be competent to entertain the complaint.