Kouru Rama Rao, Vs Konatam Suryakumari

HON’BLE SRI JUSTICE RAJA ELANGO

CRL.R.C.No. 1268 of 2006

JUDGMENT:

This revision is directed against the judgment of acquittal dated 25.01.2006 passed by the learned Judicial Magistrate of First class, Kaikalur in C.C.No.611 of 2001.

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2. The brief facts of the prosecution case are as

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follows:

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A-1 and A-2 are sisters and A-3 is the husband of A- 2. A-4 is neighbour and well-wisher of the family of A-1 and A-2. A-5 is the husband of A-1. The petitioner and A- 1 were living as husband and wife by running a convent. On 30.10.1999. A-1 went to Kallakuru to see her old mother and did not come back. The petitioner sent several persons and made negotiations for her return and later, he came to know that A-1 married A-5 without giving divorce to him. Therefore, the petitioner herein filed a complaint against A-1 to A-5 and the same was registered as Cr.No.65 of 2001 under Sections 494 and 384 I.P.C.

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3. The case against A-5 was split up and numbered as C.C.No.33 of 2005. During trial, PWs.1 to 7 were examined and Exs.P-1 to 10 were marked on behalf of the complainant. No evidence was adduced and no

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document was marked on behalf of the defence.

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4. Heard.

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5. The learned trial Judge acquitted the accused on the ground that the prosecution failed to prove the existence of first marriage between the petitioner and A-1. Therefore, in the absence of existence of first marriage, the accused cannot be convicted for the charges levelled against them and as such, the said observation by the learned trial Judge is in accordance with law and this Court is of the view that there is no need to interfere with the judgment of acquittal passed by the trial Court.

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6. In the result, the Criminal Revision Case is dismissed. Miscellaneous Petitions, if any, pending in this revision shall stand closed.

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________________________ JUSTICE RAJA ELANGO

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10^th July 2013.

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mar/sj

Kouru Rama Rao, v. Konatam Suryakumari

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Kouru Rama Rao, v. Konatam Suryakumari

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