Judgment

GAJENDRAGAKDKAR, J. : This criminal appeal has been filed with a certificate granted by the Bombay High Court under Art. 134(1) (c) of the Constitution, and it challenges the validity and correctness of the order passed by the said High Court convicting the appellant Narumal Holaram Sindhi under S. 5 of the Bombay Prevention of Hindu Bigamous Marriages Act, 1946 (Act XXV of 1946) hereinafter called the Act) and sentencing him to suffer rigorous imprisonment for six months. The prosecution case against the appellant was that on September 9, 1953, he had contracted a second marriage at Khandwa in Madhya Pradesh with one Vishna Devi though he had his first wife living whom he had not divorced and thus rendered himself liable to be punished under S. 5 of the Act. Along with him his second wife Vishna Devi was also charged with having committed an offence under S. 6 of the Act. The case against both of them was tried by the Judicial Magistrate, First-Class, Second Court, Nasik. The learned magistrate held that the appellant had contracted a bigamous marriage which was void under S. 4(b) of the Act and that his second wife had abetted the solemnisation of the said marriage; in ot