P.N.S. Chouhan, J.

1. Appellant Kashibai is the legally married wife of Bhagwansingh. There are two issues born of this wedlock. Kashibai filed a complaint Under Section 494read with Section 114 IPC against the respondents and two others in the Court of Judicial Magistrate First Class, Udaipura District Raisen on the ground that during her absence her husband Bhagwansingh has contrac- ted second marriage with Binibai daughter of respondent Himmatsingh on 1-2-1980. One of the accused namely Parmenand who has officiated as priest at the second marriage though pleaded not guilty admitted the fact that Bhagwansingh had contracted marriage with Binnibai at her parents village Timravan. Vide judgment dated 5.12.1984, the learned trial Magistrate held on facts that neither the first nor second marriage was proved and acquitted the accused persons. The complainant then filed this appeal against the said order of acquittal and leave to appeal was granted only against the respondents.

2. Appellant's learned Counsel has argued that the learned trial magistrate construed the laid down in Smt. Priya Bala Ghosh v. Suresh Chandra Ghosh, A.I.R. 1971 S.C. 1153 and misinterpreted the evidence