1. The revision petitioner stands convicted on a charge under S.494 IPC. and sentenced to R. I. for 8 months and also to a fine of Rs. 100. The conviction and sentence passed by the Sub Divisional Magistrate, has been confirmed by the Sessions Judge in appeal.

2. The revision petitioner had married the complainant, Rajamma on 19 51957 and while that marriage was subsisting he contracted another marriage with the 2nd accused, Radha on 29-51968. It is on these facts that the complaint was preferred. Both the accused denied the charge. The main point argued at the final stage of the trial was that the alleged second marriage with the 2nd accused was not proved by satisfactory evidence and as such the charge is unsustainable. Repelling this contention, the conviction has been entered by the courts below.

S. 494 IPC. reads:

"Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished

To constitute the offence it is essential that both the marriages should be valid and in accordance with the essential religious rites of the parties thereto. In the present ca