BODIBALA KRISHNA RAMARAJU Vs. BODI THIRUPATHAMMA ALIAS THIRUMALADEVI

JUDGEMENT

(1.) This appeal is by the husband, whose complaint against his wife and others for the offences under section 494 and 494 read with section 109, Indian Penal Code had resulted in acquittal of the accused of the charges against them.

(2.) In the complaint he alleged that on 14th May, 1966, he had married A-1, who is the daughter of A-3 at their house at China Lingala Village according to Hindu Dharmasastra and thereafter she resided with him for five years and then left him, that the second marriage of A-1 with A-2 was proposed to be performed on 18th June, 1970 at 10-40 A.M. in the Kanakadurga temple situated at Vijayawada, but for reasons best known to them, the venue was changed and the marriage was performed at Sri Venkateswaraswamy temple in Jamalapuram village of Madhira Taluk, that A-1 to A-3 knowing that A-1's marriage with the complainant was not dissolved, got the second marriage of A-1 with A-2 performed without obtaining a decree for divorce and they had thereby committed an offence under section 494, Indian Penal Code, that A-4 and A-5 who were mediators at the first marriage, had organised and attended the second marriage between A-1 and A-2 and thereby they had committed the offence under section 494 read with section 109, Indian Penal Code.

(3.) In order to prove the first marriage, the complainant had examined himself and also P.Ws. 5 and 7 who had attended the marriage as well as P.W. 6 the purohit who officiated at the marriage besides filing Exhibit P-1 the marriage invitation card. To prove the second marriage he had examined P.W. 2 the Archaka who had presided over the marriage in the Sri Venkateswara Swamy temple at Jamalapuram and also P.Ws. 3 and 4 the clerk and the executive officer of the said temple and got filed Exhibit P-2 the wedding invitation card for that marriage, Exhibit P-3 the marriage register of the said temple containing the relevant entry Exhibit P-4 with the signature Exhibit P-5 of P.W. 2, and also Exhibit P-6 the counterfoil of the receipt book for the receipt issued for the payment of money for performing the said marriage in the temple.