Happell, J.

1. This is a petition to revise the judgment of the Special First Glass Magistrate, Devakottai, in Calendar Case No. 76 of 1944, by which he has acquitted the first and third accused in that case. The 1st accused was baptised a Roman Catholic and married his first wife in a Roman Catholic Church. The complainant P.W. 1 is a protestant and in 1930, after the death of his first wife, the 1st accused married her in a Protestant Church, the ceremony being performed by a Protestant Pastor. Two children were born of the marriage. On 19th May, 1942, the complainant executed a release deed Ex. 1, in favour of the 1st accused--the relevance of this deed will appear later. On 16th September, 1943, the 1st accused married the 2nd accused in a Roman Catholic Church, the ceremony being performed by the 3rd accused, a Roman Catholic Priest. Thereafter on 14th December, 1943, P.W. 1 filed a complaint in the Court of the Joint Magistrate of Ramnad charging the 1st and 2nd accused with the offence of bigamy punishable under Section 494 of the Penal Code, and the 3rd accused with abetment of the offence.

2. Section 494 of the Indian Penal Code reads:

Whoever, having a husband or wife l