BODAKUNTA BAKKAVVA Vs. BODAKUNTA RAMAKRISHAN

JUDGEMENT

(1.) (Criminal Appeal under Section 378(4) CRL.P.C. against the judgment dated 28/06/1999 in CC.No:111 of 1996 on the file of the Court of the Judicial First Class Magistrate, Chennur, Adilabad District.)

(2.) The appellant/complainant filed a complaint under Section 200 Cr.P.C. as against R1 to R7/A1 to A7 under Section 494 IPC as against A1 and under Section 494 read with 109 IPC as against A2 to A7. The said matter, C.C.No.111 of 1996 was tried by Judicial First Class Magistrate, Chennur, Adilabad District wherein the learned Magistrate appreciated the evidence of P.Ws.1 to 3 and Exs.P1 to P3 and ultimately recorded an acquittal. Aggrieved by the same, the appellant/complainant preferred the present Criminal Appeal.

(3.) The case of the complainant/P.W.1 is that she is the legally wedded wife of A1. Their marriage was solemnized about fifteen years back at Velaganoor and consummated about ten years back. Unfortunately, they were not blessed with any issues. A1 sent the complainant to her parents house for the last Ugadi festival. Thereafter, A1 never cared to take her back. The complainants father approached A1 and asked him to take back the complainant, but A1 refused for the same and the complainant has been residing with her parents and leading deserted life. On 19.10.1986 at 9 Am, A1 contracted illegal second marriage with A2 at Rajampet in the house of A6. A3 and A4 are parents of A1 and A6 and A7 are parents of A2. A5 is a close associate of A1. A3 to A7 had arranged the second marriage between A1 and A2. A5 acted as purohit and celebrated the said marriage. Thus, A2 to A7 had abetted the offence of bigamy and hence, the complaint was filed under Section 494 IPC and also under Section 494 read with 109 IPC. It is also brought to the notice of this Court that originally, complaint was filed before the learned Judicial First Class Magistrate, Luxettipet. It was taken on file as C.C.No.339 of 1986 and subsequent there to in view of remand made by this Court, the same was tried as C.C.No.111 of 1996 on the file of Judicial First Class Magistrate, Chennur. Heard both the counsel.