RAGHUBAR DAYAL J. - Bhaurao Shankar Lokhande, appellant No. 1, was married to the complainant Indubai in about 1956. He married Kamalabai in February 1962, during the life -time of Indubai. Deorao shankar Lokhande, appellant No.2, is the brother of the first appellant. These two appellants together with Kamalabai and her father and accused No.5, a barber, were tried for an offence under section 494, Indian Penal Code. The latter three were acquitted by the Magistrate. Appellant No.1 was convicted under section 494, Indian Penal Code and appellant No.2 for an offence under section 494 read with section 114, Indian Penal Code. Their appeal to the Sessions Judge was dismissed. Their revision to the High Court also failed. They have preferred this appeal by special leave.

2. The only contention raised for the appellants is that in law it was necessary for the prosecution to establish that the alleged second marriage of the appellant No.1 with Kamalabai in 1962 had been duly performed in accordance with the religious rites applicable to the form of marriage gone through. It is urged for the appellants that the essential ceremonies for a. valid marriage were not performed dur