JAGANA LAKSHMI NAIDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THE petitioner/accused was found guilty for the offence punishable under Sections 498-A and 306 IPC by the Courts below. Admittedly, even according to the evidence of PW1, the deceased Sarada is the second wife of the petitioner/ accused. According to the evidence of PW1 after the marriage, the deceased, the petitioner/accused and the first wife of the petitioner/accused were living under one roof. This indicates that the marriage of Sarada (deceased) with the petitioner/accused was performed when the first wife was alive. THErefore, in the eye of law, the marriage of Sarada with the petitioner/accused is a nullity. Section 498-A IPC pre-supposes a valid marriage. THE offence can be committed only by the husband and the relatives of the husband. When the marriage itself is invalid, there is no relationship of husband and wife between the petitioner/ accused and Sarada. THErefore, certainly, no case is made out under Section 498-A IPC. THE petitioner/accused is entitled for acquittal, and he is acquitted.

(2.) THE criminal revision case is accordingly allowed. THE fine amount, if any paid, shall be returned to the petitioner/ accused.