RAJU, J. : This is an appeal by one Bai Jivatbai against the acquittal of respondents Nos. 1 and 2 by the learned Sessions Judge of Bhavnagar, who set aside their conviction by the learned First Class Magistrate Bhavnagar, who had convicted respondent No. 1 under Sec. 494, Indian Penal Code, for having contracted a marriage with respondent No. 2 during the life time of the first wife Bai Jivatbai, the complainant (present appellant). He convicted respondent No. 2 for having abetted respondent No. 1 in the offence of contracting a second marriage with her.

2. The appellant's case was that her husband, respondent No. 1 had on 28-7-57 contracted a second marriage with respondent No. 2 which was bigamous. She examined herself and witnesses to prove the second marriage of respondent No. 1 with respondent No. 2 and also to prove that there was no customary right of divorce in the community to which the parties belonged, viz., Sindhi Lohana. The defence was that the first marriage between respondent No. 1 and the complainant was dissolved by a 'Farkati' Ex. 11, which was executed by the complainant herself and attested by her father and by some elders of the community. The defence