YELAMANCHALI NAGESWARI Vs. YELAMANCHALI VENKATA PRASADA RAO

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28-7-94 in Crl. Appeal No.3/93 on the file of the Additional Sessions Judge, Vizianagaram, reversing the conviction and sentence awarded against the appellant for the offence under Section 494 IPC and acquitting him.

(2.) The facts in giving rise to the filing of this appeal lies in narrow compass and are as follows: The respondent Yelamanchali Venkata Prasada Rao married the complainant PW1 Yelamanchali Nageswari on 12-4-1978 as per Hindu rites and caste customs at Simhachalam Temple and after marriage she joined her husband and lived at Sningavarapukota and they were blessed with a son by name Saradhi on 18-7-1979. It is the case of petitioner that subsequently she was ill-treated by the respondent and he drove her out of the house and married one Sarada (A2) on 10-1-1984 in Venugopala Swamy Temple in S. Kota inspite of the protests made by her mother, PW2 during the subsistence of his marriage with her. She filed complaint before the Judicial Magistrate of First Class, S. Kota. against her husband and his parents and other family members and also against mother of A2 under Section 494 read with 114 IPC.

(3.) On behalf of prosecution, the complainant herself was examined as PW1 and her mother was examined as PW2 and Exs.P1 to P4 were marked. On behalf of the accused, one witness was examined as DW1 and divorce deed said to have been executed by and between PW1 and A1 was marked as EX.11.