1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT Mst.Sajni v. State of Rajasthan & Ors. S.B. Criminal Appeal No.77/1989 u/s 378 Cr.P.C. against the judgment dated 22.12.1987 passed by the Munsif & Judicial Magistrate 1st Class, Gulabpura , Bhilwara, in Criminal Case No.364/1980 . Date of Judgment : 24th April, 2008. PRESENT HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr.Suresh Kumbhat for Mr. G.Vaishnava for the appellant. Mr.JPS Choudhary, Public Prosecutor. BY THE COURT: This criminal appeal is directed against the judgment and order dated 22nd of December 1987 passed by the Judicial Magistrate, Gulabpura whereby 2 the Judicial Magistrate has acquitted the accused respondent No.2 and 3 Harji and Mst.Ladi, in the offence under section 494 of the Indian Penal Code. As per the prosecution case, the complainant appellant Mst. Sajni was married 15 – 16 years prior to 21st of August 1982 with the accused respondent Harji. The wedlock of Mst.Sajni and Harji gave birth to two children, one daughter Durga, aged 5 1/2 years and the second, son Jagdish aged about 2 ½ years. It has been alleged that while she was living , her husband Harji married with another lady named Ladi. Thus both Harji and Ladi have committed the offence of bigamy, which is punishable under section 494 of Indian Penal Code. The appellant filed a complaint in the court of Judicial Magistrate, Gulabpura, who after conducting the trial of the case, acquitted both Harji and Mst.Ladi as aforesaid. Heard Mr.Suresh Kumbhat, learned counsel for 3 the appellant , Mr.JPS Choudhary, learned Public Prosecutor for the State and perused the impugned judgment of the lower court. Having scanned the judgment and the evidence available on record, it is found that though Mst.Sajni was married to the accused respondent No.2 Harji but after some years Mst.Sajni herself first left the home of the accused Harji and started living with Jalma as per the customary 'nata' system of their Society. When the accused Harji felt lonel, he is also said to have accepted Ladi in 'nata' as per their customary rights. It is pertinent to note that customary 'nata' system is still very prevalent in 'Bagariya' caste and their customary rights still prevails upon the provisions of Hindu Marriage Act. The lower court has critically analysed all the legal provisions and properly appreciated the evidence of the complainant's witnesses and has come to the conclusion that the customary rights allow 'nata' system and as per the 4 'nata' system the lady can go to a different male and a male can go to another lady, though they are not legally married. But this 'nata' system carries more legal force than the laws prevailing in the society. The lower court, on this ground alone, has not found the respondent No.2 and 3 guilty and has acquitted them in the offence under section 494 of IPC. The judgment of the lower court is perfectly just and legal, with which I fully agree. The impugned judgment , to my firm view, does not call for any interference. In view of the above, the criminal appeal filed by the complainant appellant is hereby ordered to be dismissed. (MAHESH BHAGWATI), J. l.george