RAJESWARI Vs. BALUCHAMY

JUDGEMENT

(1.) This is an appeal filed by the complainant Rajeswari against the judgment dated 6.10.1980 in Criminal Appeal Nos.122 and 123 of 1980, on the file of the Court of the Learned Additional Sessions Judge, Madurai, allowing both the appeals and setting aside the conviction and sentence that had been passed against the accused 1 to 5 by the trial Court.

(2.) A-1 Baluchami, A-3 Sevugan Chettiar preferred C.A.No.122 of 1980 and A-2 Suseela, A-4 Karuppan Chettiar and A-5 Pappammal preferred C.A.No.123 of 1980 before the lower Appellate Court. The complainant Rajeswari preferred a complaint against the accused 1 to 5 alleging that A-1 Baluchami and A-2 Suseela have contracted a second marriage when the marriage between the complainant and A-1 was subsisting, with the connivance of A-3 to A-5, and thus A-1 and A-2 have committed an offence under section 494, Indian Penal Code, 1860 and A-3 to A-5 have committed an offence under section 494 read with section 109, Indian Penal Code, 1860.

(3.) The learned Judicial First Class Magistrate, No.2, Madurai who tried the case, convicted the accused 1 and 2 under section 494, Indian Penal Code, 1860 and sentenced each of them to undergo rigorous imprisonment for 3 months and convicted A-3 to A-5 under section 494 read with section 109, Indian Penal Code, 1860 and sentenced each of them to undergo rigorous imprisonment for 2 months. Aggrieved by the said decision, the accused (respondents herein) preferred the above said two appeals. The appeals were allowed and hence the complainant has come forward with this present appeal.