KAILASAM AND OTHERS Vs. ALAGAMMAL

JUDGEMENT

(1.) THE above criminal revision is directed against the judgment of the learned Sessions Judge, Padukottai, in C.A. 85 of 1982, confirming the conviction of the petitioners under S. 494, I.P.C., and S. 404 read with S. 109, I.P.C., and modifying the sentence on the second petitioner and confirming the sentence on the rest of the petitioners viz., petitioners 1, 3 and 4, as imposed by the learned Chief Judicial Magistrate. Pudukottai in C.C. 99 of 1980.

(2.) THE facts giving rise to the present revision briefly are as follows: The respondent filed a private complaint before the Chief Judicial Magistrate, Pudukottai against the petitioners 1 to 4 and two others on the allegation that he had been married to the first petitioner about 20 years ago and the above marriage was still subsisting and on 23rd June, 1980 the first petitioner married the second petitioner and the said marriage was abetted by the other accused with the knowledge of the subsistence of the first marriage. The complaint of the respondent was tried as C.C. 199 of 1980 by the Chief Judicial Magistrate, Pudukottai. On behalf of the respondent, P.Ws. 1 to 3, were examined and Exs. P1 to P9 were marked. None was examined on the side of the petitioners and no exhibits were marked on their side.

(3.) LEARNED Chief Judicial Magistrate, on a consideration of the entire materials, found that the first petitioner had committed an offence under S. 494, I.P.C., and sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 50 in default to undergo rigorous imprisonment for a period of three months. Petitioners 2 to 4 and one Gurumayee alias Sigappi, the mother of the first petitioner, were convicted for an offence under S. 494 read with S. 109, I.P.C. and were similarly sentenced. On appeal, learned Sessions Judge in Pudukottai, confirmed the conviction and sentence in respect of petitioners 1, 3 and 4. In respect of the second petitioner while confirming the conviction, the sentence imposed by the trial court was modified into one of fine of Rs. 2,000 in default to undergo rigorous imprisonment for a period of three months. The appeal in respect of the Gurumayee alias Sigappi was allowed and her conviction and sentence were set aside. Hence the present revision.