KALANJIAM AMMAL Vs. SHANBAGAM

JUDGEMENT

(1.) The appellant who had preferred a complaint against the respondents for offences under Ss.494 and 494 real with S.109, I.P.C. on the allegation that the first respondent, had married her on 10-6-1978 and during the subsistence of the above marriage, had contracted a second marriage on 25-4-1982, with the second respondent, abetted by respondents 2 to 8, which complaint was tried by the Sub-Divisional Judicial Magistrate, Shencottah as C.C. 452 of 1982, and in which the respondents were acquitted has preferred the present appeal, challenging the acquittal.

(2.) Facts briefly are - The first respondent was a Hindu by birth. Just prior to his marriage with the appellant, who was a Christian, the first respondent was baptised into the Church of South India, and on 10-6-1978 he married the appellant in the C.S.T. Church at Courtallam, according to the Christian rites. Soon after, disputes arose between them over certain jewels, and properties, which had been promised to be given to the first respondent, at the time of the marriage and which had not been given as promised. In the second week of Oct, 1978, the first respondent cruelly assaulted the appellant and drove her away, directing her not to return without the jewels and the property. Mediations failed and the appellant continued to live in her father's house. The first respondent reverted back for Hinduism and lived as a Hindu. On 24-5-1982, he married the second respondent, who is also a Hindu, according to Hindu form of marriage tying a thali. The third respondent is the father of the first respondent. The fourth respondent is the sister of the first respondent The respondents 5 to 8 are the brothers of the second respondent.

(3.) During trial, the appellant examined itself as P.W. 1 and gave evidence about her marriage with the first respondent and also stated, that after misunderstandings arose between them, first respondent became a Hindu and was accepted by the community as a Hindu. She came to know that the first respondent was trying to contract a second marriage and hence on 20-5-1982, she sent a notice to the first respondent, through her counsel. On 25-4-1982, at about 7 p.m. on being informed by others that the first respondent was trying to contract a marriage, she took her mother and one Ponniah Nadar with her and went to the house of the sixth respondent. There respondents 1 and 2 were seated in the bridal dress ready for marriage. The intervention of the appellant was futile. The fourth respondent gave the thali to the first respondent who tied the thali round the neck of the second respondent and put the first knot. The two remaining knots were put by the fourth respondent. Others participated in the marriage.