KAKARALA PURNACHANDRA RAO Vs. KAKARALA SITA DEVI

JUDGEMENT

(1.) The question that arises for consideration in these two revision cases is whether in a prosecution under Section 494 of the Indian Penal Code it is incumbent upon the complainant to establish that both the marriages pleaded or alleged by him or her were performed in accordance with the religious rites and ceremonies prescribed by the Hindu Law governing the parties. The material facts giving rise to the two revision cases lie in a narrow compass and may be briefly stated.

(2.) A-1 to A-10) in C.C.No. 323 of 1976 on the file of the Second Additional Munsif Magistrate, Eluru were prosecuted for offences punishable under Section 494 and Section 494 read with Section 114 of the Indian Penal Code, on a private complaint filed by Kakarala Seetha Devi (PW-11). A-3 and A-4 are parents of A-1. A-1 is the husband of P.W. 11. A-2 is the alleged second wife of A-1 A-5 and A-6 are parents of A-2. A-7 and A-8 are sisters of A-1. A-9 is the maternal uncle of A-2 while A-1 0 is the wife of A-9.

(3.) The case of the prosecution is that P.W. 11, daughter of P.W12, was married to A-1 on 28-5-1969, that a female child was born to their wedlock on 31-10-1970, that both of them lived together till 1-11-1971 when P.W. 11 was sent away to her parents' house as P.W. 12 could not present a motor-cycle demanded by A-1, that A-1 married A-2 in Pandurangaswamy Temple situate at Eluru on 19-10-1975 at 8.30 P.M., that A-3 to A-10 abetted the second marriage, that eversince the marriage, A-1 and A-2 have been living together as husband and wife and that an unsuccessful attempt was made by A-3, the father of A-1, to purchase Peace with P.W. 11 and her parents.