appeal by special leave from the judgment and order dated 19 3 1975 of the andhra pradesh high companyrt in criminal revision case number 16/74 criminal revision petition number 12/74 .
parmeshwara rao t. v. s. n. chari and r. nagarathnam for the appellant.
v. v. nair for the respondent.
criminal appellate jurisdiction criminal appeal number 339 of 1975.
the appellant had filed a companyplaint against the respondent number 1 on the ground that he was her husband and while the first marriage was subsisting he had companytracted a second marriage and was therefore guilty of the offence of bigamy as enshrined in section 494 of i. p. c. according to the prosecution the first marriage of respondent number 1 with appellant took place on 22 4 68.
on 1 4 1972 the respondent number 1 married accused number 4 and the other accused who were relations of the respondent participated in the marriage.
on knumbering this fact the appellant filed a companyplaint on 26 4 1972 on the basis of which the respondents were prosecuted and ultimately companyvicted under section 494 of i. p. c. the case went up in revision to the high companyrt which accepted the revision and acquitted the accused on the ground that there was numberproof of a valid marriage having been companytracted between accused number 4 and accused number 1.
after about 3 years of the first marriage the relations between the husband and wife became strained and they separated but there was no divorce.
against this order the appellant filed a petition for special leave and after obtaining special leave the appeal has been placed before us for hearing.
100/ as modified by the sessions judge.
the judgment of the companyrt was delivered by fazal ali j. this appeal by special leave has been filed by the companyplainant against the order of the andhra pradesh high companyrt acquitting the respondents who had been convicted by the trial companyrt magistrate and the sessions judge under section 494 i. p. c. and sentenced to six months rigorous imprisonment and a fine of rs.
