Judgment

FAZAL ALI, J.:- This appeal by special leave has been filed by the complainant against the order of the Andhra Pradesh High Court acquitting the respondents, who had been convicted by the trial Court Magistrate and the Sessions Judge under Section 494 I.P.C. and sentenced to six months rigorous imprisonment and a fine of Rs. 100 as modified by the Sessions Judge.

2. The appellant had filed a complaint against the respondent No. 1 on the ground that he was her husband and while the first marriage was subsisting he had contracted a second marriage and was, therefore, guilty of the offence of bigamy as enshrined in Section 494 of I.P.C. According to the prosecution the first marriage of respondent No. 1 with the appellant took place on 22-4-68. After about 3 years of the first marriage the relations between the husband and wife became strained and they separated, but there was no divorce. On 1-4-1972 the respondent No. 1 married accused No. 4 and the other accused who were relations of the respondent participated in the marriage. On knowing this fact the appellant filed a complaint on 26-4-1972 on the basis of which the respondents were prosecuted and ultimately convicted under