PADALA SATYAVATHI Vs. PADALA SUBBAYAMMA AND OTHERS

JUDGEMENT

(1.) The appellant in these three appeals is the original complainant in this case. She filed a complaint under the Madras Hindu (Bigamy Prevention and Divorce) Act (VI of 1949), against ten persons. The first accused is her husband. The second accused in the alleged second wife of the first accused. Accused 3 and 4 are the father and mother respective of accused 1. Accused 5 is the brother of accused 1. Accused 6 and 7 are the parents of accused 2, and alleged second wife. Accused 8 is the brother's son of accused 4, i.e., the mother of accused 1. Accused 9 is the sister's husband of accused 7, the mother of accused 2. Accused 10 is the purohit who is said to have officiated at the second marriage ceremony. The learned Magistrate before whom the complaint was filed and who enquired into the same, discharged accused 8 and after trial acquitted accused 2, 6, 7 and 10. He, however, convicted accused 1, 3, 4, 5 and 9 and sentenced accused 1 to six months rigorous imprisonment and a fine of Rs. 500 in default to Rigorous Imprisonment for three months, accused 3 to two months simple imprisonment and a fine of Rs. 100 accused 5 to two months simple imprisonment and a fine of Rs. 100 in default to simple imprisonment for one month each and accused 9 to a fine of Rs. 200 in default to simple imprisonment for two months. Against their convictions, accused 1, 3, 4 and 5 preferred an appeal to the Court of Session, West Godavari in Criminal Appeal No. 9 of 1956, and accused 9 preferred a separate appeal (Criminal Appeal No. 10 of 1956). These two appeals were heard by the learned session Judge of West Godavari who directed the appellants before him to be acquited. The net result of all these proceedings therefore is that all the accused were acquitted except accused 8 who had been discharged even earlier.

(2.) Criminal Appeal No. 45 of 1956 has been preferred by the complainant in respect of the acquittals by the Magistrate of accused 2, 6, 7 and 10. So far as this appeal is concerned, the learned counsel for the appellant has stated before me that he is not pressing the appeal against accused 2, 10 and 7 so that Criminal Appeal No. 45 of 1956 need only be considered in respect of the acquittal of accused 6.

(3.) Criminal Appeal No. 170 of 1956 has also been preferred by the complainant against the acquittal of accused 1 and 3 to 5 in Criminal Appeal No. 9 of 1956 on the file of the Court of Session of West Godavari. Criminal Appeal No. 171 of 1956 has been preferred against the acquittal of accused 9 by the Court of Session in Criminal Appeal No. 10 of 1956 on the file of the said Court.