GODAWARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by the complainant wife against the acquittal of the accused by the learned Sessions Judge. The complainant wife claims that she was the first wife of the accused No.1 (respondent No.3 in this appeal), legally wedded to him about 8 years back before the date of the complaint. However, she was not living with her husband at Amdapur, Tahsil Mehekar, District Buldana. According to her, the accused No.1 had married the accused No.8 (the respondent No.8 in this appeal) on 1-6-1974 as per the customary rights of the Hindus. The two witnesses viz. Trimbak S/o Ramchandra P.W. No.2 and Sakharam S/o Tukaram Tupekar P.W. No.3 had attended the said marriage. It is not in dispute that the complainant has no personal knowledge of the second marriage. However, she learnt about the same through P.W. No.3 Sakharam Tupekar. Since the second marriage was conducted during the subsistence of the first marriage with her she filed a complaint charging the accused Nos.1 and 8 of having committed an offence punishable under Sec.494 of the Penal Code.

(2.) She also charged the other accused for the offence of abetment punishable under Sec.494 read with Sec.109 of the Penal Code. Besides her own evidence she examined the two witnesses on her behalf referred to above. On behalf of the accused also two witnesses were examined. One of them was the Police Patil D.W. No.1 of the village Amdapur and the other was one Fakira S/o Govinda D.W.No.2 who is the resident of the same village in which the accused No.1 is living. The statement of the accused was recorded under Sec.313 of the Criminal P.C.

(3.) The learned Magistrate on the basis of the evidence before him held that the first marriage of the accused No.1 with the complainant was established since the accused No.1 in his statement recorded under Sec.313 of the Criminal P.C. himself admitted the said marriage. He, therefore, held that the first marriage was subsisting when the alleged second marriage was solemnised by the accused No.1 with the accused No.8. As regards the second marriage of the accused No.1 with the accused No.8 he held on the basis of the evidence of the witnesses examined on behalf of the complainant that the accused No.1 married the accused No.8 according to the ceremonies and customary rites of the caste to which they belonged as deposed to by these witnesses. He, therefore, held that the second marriage was validly solemnised between the accused Nos.1 and 8. Having thus held that the second marriage was validly performed between the accused Nos.1 and 8 during the subsistence of the first marriage he held the accused No.1 guilty of an offence punishable under Sec.494 of the Penal Code. He, therefore, sentenced him to suffer three months' rigorous imprisonment and to pay a fine of Rs. 300/- and in default of payment of fine to undergo further three months' rigorous imprisonment. As regards the accused No.8 and also the other accused 3, 4, 5, 6, 7, 13 and 15 he held them guilty of the charge of abetment punishable under Sec.494 read with Sec.109 of the Penal Code. Each of the above accused was sentenced by him to suffer sentence till the rising of the Court and to pay a fine of Rs. 50/- or in default to undergo 15 days' rigorous imprisonment. He acquitted the accused Nos.2, 10 and 12 of an offence punishable under Sec.494 read with Sec.109 of the Penal Code.