( 1 ) THE Original Complainant Bai Sukhiben wife of Patel Hirabhai, who was a complainant in Criminal Case No. 1012/85, which was pending on the file of the learned J. M. F. C. , Lunawada, District Panchmahals (who will be referred to hereinafter as `the learned Magistrate) has, by seeking permission of this Court under Section 378 (4) of the Criminal Procedure Code, 1973, (In short `cr. P. C. ) filed this present Criminal Appeal under Sec. 371 read with Sec. 378 of the Cr. P. C. and challenged the legality and validity of the judgment Exh. 84 of acquittal rendered by the learned Magistrate in Criminal Case No. 1012/85 on 16th January, 1990.

( 2 ) HERE in this appeal, the appellant was a complainant while respondents No. 1 to 5 were accused respectively in aforesaid Criminal Case No. 1012/85, and therefore, parties will be referred to hereinafter as complainant and respective accused respectively at appropriate places.

( 3 ) THE facts leading to this present Criminal Appeal in a nutshell are as follows:3. 1 on or about 6. 11. 1985, the complainant lodged her private complaint against five accused who are respondents in this appeal, in the Court of the learned Magistrate, and as per that complaint the case of the complainant can be summarised as follows:3. 2 the complainant is a legally wedded wife of accused No. 1 who is her husband. As per her case, she married to accused No. 1 as per Hindu Rites and Rituals and Customery Religious Ceremony, before many years. After marriage, she was staying with accused No. 1 as his wife. It is the case of the complainant that, some years after the marriage, accused No. 1 wanted to marry with another lady and therefore he was giving mental and physical tortures to the complainant and many times she was driven out from the house. It is the case of complainant that accused No. 1 is serving as Professor in Lunawada College. He is also a President of Lunawada Taluka Panchayat. She has come with a specific case that, on or about 2. 11. 1985, the complainant solemnised a second marriage with accused No. 2, who is a daughter of accused No. 3 and 4 and sister of accused No. 5. Before accused No. 1 solemnised second marriage with accused No. 2, when complainant came to know about an intention of accused No. 1 to marry with another lady, she immediately filed one Regular Civil Suit No. 166/85 against the accused in the Civil Court at Lunawada and she had prayed for a perpetual prohibitory injunction restraining accused No. 1 from marrying with accused No. 2. The Civil Court had granted an interim injunction pending the suit. It is the case of the complainant that, all the accused deliberately avoided to get the summons of the Civil Court, served upon them and anyhow accused No. 1 solemnised his second marriage with accused No. 2 on 2. 11. 85 by changing date which was already fixed for marriage on 3. 11. 85 and thus before an interim injunction could be served on accused No. 1, he solemnised his second marriage with accused No. 2 though first marriage with complainant is still subsisting. Thereafter, on 6. 11. 85, the complainant lodged her private complaint against all the accused for offences punishable under Secs. 494 and 114 of IPC. The learned Magistrate took cognizance against all the accused and issued summons returnable on 19. 11. 85. Thereafter, after following due procedure before framing of charge, the learned Magistrate by passing an order dated 1st September, 1988, below that private complaint lodged by the complainant framed charge against all the accused. That charge framed against accused on 1st September, 1998, is at Exh. 42. The accused have not pleaded guilty to the charge and they have claim to be tried for the said case. The complainant has led following oral evidence. (1) P. W. No. 1 Sukhiben Hirabhai Patel (Exh. 23) (Complainant herself ). (2) P. W. No. 2 Shivabhai Motibhai Patel Exh. 27. (3) P. W. No. 3 Jayantibhai Khusalbhai Patel Exh. 73. 3. 3 main case of comp