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1981 Supreme(Mad) 118

M.A.SATHAR SAYEED
Muthammal and Others – Appellant
Versus
Maruthathal – Respondent


Advocates Appeared:B. Sriramulu, Calvin Jacob, Nallathambi Jothipandian, R. Killivalavan, Advocates.

Judgment :-

This petition is filed by the petitioners/accused 3 to 8 to quash the second charge framed against them by the Chief Judicial Magistrate, Coimbatore in C.C. No. 11 of 1980 pending on his file.

2. It appears from the facts of the case that the respondent herein filed C.C. No. 11 of 1980 before the Chief Judicial Magistrate, Coimbatore under Section 494 read with Section 109, I.P.C against accused 1 and 2 and the petitioners herein. The contention of the wife/respondent was, that while her marriage was subsisting with the first accused, the first accused married the second accused and, therefore, the first accused is liable to be punished under section 494, I.P.C. That apart, it was contended that the third accused who is the mother of the first accused, the fourth accused who is the elder brother of the first accused, accused 5 and 6 are either sister-in-law sisters of the first accused and accused 7 and 8 who are the sisters and who are all the petitioners herein, have abetted in the offence committed by the first accused and hence they are also liable to be punished under Section 109 and 494, I.P.C. Evidence was left in by the complainant/respondent herein before the Ch







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