BABY KAR ROY BABY SHAH Vs. RAMRATI DEVI

JUDGEMENT

(1.) THE petitioner is one of the five accused in complaint Case no. C 633 of 1971. Opposite Party No. 1 filed the complaint alleging that Miserial, accused No. 1 in the case, married her according to Hindu rites some 28 years back. Petitioner was engaged as a tutoress for their four female children sometime in November, 1968. Because of her objectionable intimacy with miserial, her employment as the tutoress was ended in the first part of 1969. She came to know in the later part of 1969 that Miserial had started living with the petitioner as husband and wife at another address. She had come to learn on enquiry that Miserial had married the petitioner on 27. 9. 69 before a Marriage Officer. The other three accused, with knowledge that Miserial was married with a wife living, signed as witnesses in the second marriage. The learned Magistrate on her complaint summoned the petitioner under section 494 114 of the Indian Penal Coda

(2.) LEARNED Magistrate has, after taking evidence produced by the com plaint, framed a charge under section 494/109 of the Indian Penal Code against the petitioner. She has moved this court in revision for quashing the charge and the proceeding against her.

(3.) IF a husband having a wife, marries in any case in which the later marriage is void by reason of its taking place during the life time of the wife of the former marriage, he commits an offence under section 494 of the Indian penal Code. A person is punishable under section 109 of the Indian Penal code if he abets an offence and the abetted offence is committed in consequence of his abetment and no punishment is prescribed for the abetment. It is, therefore, necessary, for framing a charge under section 494/109 of the indian Penal Code against the petitioner to establish (1) that an offence under section 494 has been committed and (2)that it has been committed in consequence of the petitioner's abetment i. e. , with the aid given by the petitioner.