JUDGMENT :

PRAYER : Criminal Appeal filed u/s.378 of the Code of Criminal Procedure against the judgment and order dated 05.01.2015 passed by Judicial Magistrate I, Erode, in C.C.No.330 of 2010.

This criminal appeal has been filed against the judgment and order passed by the Judicial Magistrate I, Erode, in C.C.No.330/2010, dated 05.01.2015, acquitting the respondents [A1, A2 and A4] from all charges and setting them at liberty u/s.248(1) Cr.P.C.

2. The appellant filed the private complaint on the ground that she got married to A1 on 21.02.1986 and after the marriage, she was living with A1 in a joint family. A3 and A4 are the father-in-law and mother-in-law of the appellant. It is alleged that A1 to A3 harassed the appellant demanding dowry. At one stage, the appellant was sent back to her parents house and she started living with her parents.

3. The further case of the appellant is that in the year 2008, she came to know that A1 had a child and on enquiry, she was informed that the child born to A1 was through a marriage that was conducted between A1 and A2 and the child was born to A1 and A2 on 01.09.2003. When this was questioned by the appellant, she is said to have been abused and threatened by A1 to A4. Under these circumstances, the private complaint came to be filed by the appellant against the accused persons. According to the appellant, A1 and A2 committed offence u/s.494 IPC and A3 and A4 have committed offence u/s.494 r/w 34 IPC.

4. The appellant examined herself as PW-1 and another witness PW-2 was examined on the side of the appellant. Exs.P1 and P2 were marked.

5. The trial Court, on considering the facts and circumstances of the case and on appreciation of the available evidence, came to a conclusion that the offence has not been made out against the accused and accordingly, the accused persons were acquitted from all charges. Aggrieved by the same, this criminal appeal has been filed before this Court.

6. Heard Mr. M. Rajkumar, learned counsel for appellant and Ms. L. Margaret, learned counsel for respondents.

7. The main ground that was urged on the side of the appellant is that Exs.P1 and P2, which are the birth certificates of the children born to A1 and A2, clearly establish that A1 had married A2 during the subsistence of the marriage with the appellant and thereby, the offence of bigamy has been committed by A1 and A2. Since A3 and A4 have solemnized the marriage between A1 and A2, they are liable to be punished u/s.494 r/w 34 IPC.

8. Section 494 of the Indian Penal Code reads as under :

"494. Marrying again during lifetime of husband or wife — Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Exception— This section does not extend to any person whose marriage with such husband or wife has been declared void by a court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge."

9. In order to prove the charge of bigamy, the complainant, being the first wife, has not only to prove that she is lawfully married with the accused, she is also expected to prove that the accused has married for the second time. Therefore, the fact of second marriage is the crux of the offence of bigamy and unless the same is proved, the charge of bigamy will fail. Useful reference can b