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1954 Supreme(Ker) 172

SANKARAN
Janaki Amma – Appellant
Versus
Padmanabhan Nair – Respondent


Judgment :-

1. This Revision Petition arises out of a prosecution started in respect of a bigamous marriage. The complainant is the first wife of the 1st accused who married her in the month of Medom 1106. Her case is that during the subsistence of that marriage the 1st accused took the second accused also as his wife by marrying her in the year 1122. The parties are Nairs governed by the provisions of the Travancore Nair Act. The learned Sub-Divisional Magistrate who tried the case found that the allegations made by the complainant are true and that the elements of the offence of bigamy punishable under S. 497 of the Travancore Penal Code had been made out. Accordingly the 1st accused was convicted of the offence under that section and sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 100 the alternative sentence in case of default of payment of fine being rigorous imprisonment for a further period of 2 months. The 1st accused took the matter in appeal to the Sessions Court at Mavelikara. The learned Sessions Judge found the appellant accused not guilty of the offence under S. 497 and accordingly set aside the conviction and sentence an










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