RAJAMMAL Vs. GOPALAKRISHNAN

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment in C. A. No. 90 of 1995 on the file of Court of Principal Sessions Judge, Chenglepet.

(2.) THE complainant who has preferred C. C. No. 277 of 1989 under Sections 494 and 496 IPC is the appellant herein. The complainant is the first wife of the accused. The learned trial Judge after taking the complaint on file, issued summons to the accused. On appearance of the accused, copies under Section 207 Cr. P. C. were furnished to the accused. The charges punishable under Sections 494 and 496 IPC were framed against the accused and when questioned the accused, pleaded not guilty.

(3.) ON the side of the complainant P. Ws 1 to 3 were examined and Exs P1 to P3 were marked. P. W. 1 is the complainant who would depose that a marriage between her and the accused took place on 29. 4. 1964 and that they have been blessed with two female children and one male child in the wed-lock. During 1980, the accused had driven her (P. W. 1)out from the matrimonial home and hence she went to her mother's house and that the accused had eloped with her sister Rajalakshmi who was studying in the college at that time. The accused had taken his sister in law Rajalakshmi to Varkala and married her and the marriage was a registered one. The said factum of second marriage was informed by the accused through telephone on 30. 3. 1981 to the brother of P. W1. The evidence of P. W. 1 was corroborated by the evidence of P. W. 3, the mother of P. W. 1. P. W. 2 is an Upper Division Clerk at Sub Registrar's Office, Varkala. He has produced book No. 41 Volume 70 of 1981 maintained in the Sub Registrar's Office, Varkala which will go to show that an agreement of marriage has been entered into on 30. 3. 1981 between the accused Gopalakrishnan and Rajalakshmi, the sister of the complainant to the effect that both of them are living together as husband and wife. The said agreement has been registered in the said Sub Registrar's Office, Varkala.