This appeal raises an interesting question of law whether the second marriage of a Hindu with a Christian would bring him within the purview of section 494, Indian Penal Code. The facts out of which this appeal arose are as under.

A complaint was preferred by one Bonigala Bodemma, claiming to be the wife of A-1, against the respondents-accused, under section 494 read with section 109, Indian Penal Code, with the allegation that on 6th June, 1958 at about 9-30 p.m., A-1 had entered into a second marriage with A-2, the daughter of A-3, in the house of A-6 with the assistance of the other accused in the case, in Manava village. This happened while the marriage of the complainant with A-1 was subsisting and, therefore, the respondents were liable to punishment under section 494, Indian Penal Code. The respondents pleaded ‘not guilty’ . A-1 stated that he had not married the second accused, and that the case has been foisted on him on account of the factions in the village. The learned Additional Munsif-Magistrate, Bapatla, before whom the complaint was lodged, on examination of five witnesses on behalf of the complainant and four on the side of defence, came to the conclusion