JUDGMENT :

(Prayer: Criminal Revision Petition is filed under Section 397 r/w 401 of Criminal Procedure Code, to set aside the Judgment made in Crl.A.No.25 of 2011 on the file of the Sessions Judge, Tiruvannamalai dated 30.01.2014, confirming the Judgment made in C.C.No.373 of 2007, on the file of the Judicial Magistrate Court, Arani, dated 25.11.2011.)

1. This Criminal Revision Case is filed by the petitioner/accused No.1, against the Judgment of the Learned Judicial Magistrate, Arani, in C.C.No.373 of 2007, dated 25.11.2011, thereby convicting him for the offence under Section 498(A) of IPC., and imposing a sentence of two years Rigorous Imprisonment and a fine of Rs.3,000/-, in default of payment of fine to undergo three months Simple Imprisonment, even while acquitting the petitioner/accused of the offence under Section 406, 494 and 506(ii) of IPC., as also the other accused 2 to 6, in this case and the conviction and sentence being confirmed by the Learned Sessions Judge, Thiruvannamalai, by Judgment dated 30.01.2014 in Crl.A.No.25 of 2011.

2. On 17.02.2006, PW.1/Thamarai Selvi, lodged a complaint-Ex.P2, thereby alleging that she got married with the petitioner/accused on 02.03.2000 and after the marriage, the first accused was not maintaining a proper relationship with the complainant and the first accused always used to hit her and other accused also abused her physically and ill-treated her. Apart from mentioning specific incidents she also alleged that the first accused/petitioner herein committed bigamy and contracted a marriage with one Datchayani and thereafter, he totally neglected her, hence, the complaint.

3. PW.10/Inspector of Police, All Women Police Station, registered a case in Crime No.2 of 2006 against the petitioner herein and his mother Joshvin, who is the second accused, his brother/Maran as the third accused, One Lakshmi, wife of Maran as the fourth accused, his sister Juliee as the fifth accused and Datchayani, the alleged lady, who married the petitioner at the second time, as the sixth accused, for the offences under Sections 498(A), 406, 494 and 506(ii) of IPC.,

4. After completing the investigation. On 10.03.2007 PW.10 laid a final report proposing all the above accused guilty of the above mentioned offenses, before the learned Judicial Magistrate, Arani, who took the case on file as C.C.No.373 of 2007 and issued summons to the accused. Upon being questioned, the accused denied the charges and stood trial. The prosecution examined the first informant / Thamarai Selvi as PW.1., her father / Chinnasamy as PW.2, one Venkatesan, who is the sister's husband as PW.3, the mother of PW.1/Ellammal as PW.4; One Vincent, the sister of PW.1 as PW.5; One Father Bathros of Kaanikkai Madha Temple as PW.6; One Alex, who is the common friend of both the accused and PW.1, who witnessed the second marriage of the first accused/petitioner in Velanganni Temple as PW- 7; One Anbu, who is also known by both PW.1 and the first accused, who had also witnessed the second marriage of the petitioner with the sixth accused as PW.8; One Kalaiselvi, the Sub-Inspector of Police as PW.9; Another Kalaiselvi, wife of A.V.Chandiran, the Inspector of Police, the Investigating Officer, in this case as PW.10.

5. The prosecution marked the marriage invitation between the petitioner and PW.1 as Ex.P1; the complaint of PW.1 is Ex.P2; a letter that was given by PW.1 to keep the proceedings in abeyance pursuant to her complaint as Ex.P3; the CSR receipt for the counter claim by the father of the sixth accused as Ex.P4 and the First Information Report as Ex.P5 and the prosecution rested its case.

6. Upon being questioned under Section 313 of Cr.P.C., about the evidence let in against them and the incriminating circumstances against them, all the accused denied the same as false. On behalf of the defence, while cross-examining, the prosecution witnesses, the legal notice issued by PW.1 to the petitioner /accused was marked as Ex.D1; the order passed