Aggrieved by the state judgment, the respondent preferred a criminal appeal before the High Court of Madras.
2001 Supp 2 SCR 454 The Judgment of the Court was delivered by G. BALAKRISHNAN, J. Leave granted.
In the companyplaint filed by the respondent, it was alleged that the appellant had companytracted the second marriage and this marriage was solemnised in accordance with the Hindu rites on 18.6.1984 at RCC Mandapam, Tiruttani Devasthanam.
All the accused were acquitted by the trial companyrt.
Three children were born from that wedlock.
Aggrieved thereby, the respondent filed criminal appeal No.
The learned Single Judge, by his judgment dated 1.11.1996 upheld the acquittal of accused 2 7, but as regards the acquittal of the appellant, the matter was remitted to the trial companyrt permitting the companyplainant to adduce evidence regarding the manner in which the marriage was solemnized.
To support this companytention, PWs 2 3 were examined.
While so, the respondent came to know that the appellant had entered into a marriage with another woman on 18.6.1984, by name Kasturi, and that the marriage was performed in a Marriage Hall at Thiruthani.
Upon remand the Priest PW 3, who is alleged to have performed the marriage of the appellant with the second accused, Kasturi, on 18.6.1984, was further examined and the appellant was allowed further cross examination.
PW 3 gave detailed evidence regarding the manner in which the marriage on 18.6.1984 was performed.
The learned Metropolitan Magistrate by his judgment dated 4.3.1999 acquitted the accused.
The appellant, S. Nagalingam married respondent complainant Sivagami on 6.9.1970.
67 of 1992 before the High Court of Madras.
The respondent then filed a criminal companyplaint before the Metropolitan Magistrate against the appellant and six others.
As a result of ill treatment and severe torture inflicted by the appellant as well as his mother, she left her marital home and started staying with her parents.
The respondent alleged that the appellant started ill treating her and on many occasions she was physically tortured.
This appeal is directed against the judgment of the learned Single Judge of the High Court of Madras in Criminal Appeal No.
486 of 1999 reversing the order of acquittal passed by the Metropolitan Magistrate, Madras.
