( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 193 OF 2010 Pramila w/o. Ganesh Baviskar .. Applicant Versus Ganesh s/o. Wasudev Baviskar and Ors. .. Respondents Shri S.J. Salgare h/f. Adv. Mrs. S.S. Jadhav for the applicant. CORAM : P.R. BORKAR,J. DATED : 28.01.2010 P.C. :- 1. This is an application for leave to file appeal against order of acquittal passed by the Judicial Magistrate, First Class, Jalgaon, in R.C.C.No. 362 of 2002 decided on 27.11.2009, whereby respondent No.1 – Ganesh was acquitted of offence punishable under section 494 of the I.P.C. and respondent Nos. 2 to 4 were acquitted of offence punishable under section 494 read with section 109 of the I.P.C. 2. It is case of the present applicant that her ( 2 ) marriage with the respondent was solemnised in 1990 and the couple was blessed with daughter and inspite of that on 30.03.2002 respondent No.1 entered into marriage with original accused No.2 – Jyoti. Respondent Nos. 2 to 4 abetted said marriage and thus they committed offence with which they are charged. 3. The learned advocate for the petitioner has taken him through the entire record. The main reason for acquittal is given in para 12 of the judgment. The only witness of second marriage was Manoj Sapkale (P.W.2). He stated that accused were present in the marriage. Turmeric was applied to accused No.1 and Jyoti and they were wearing new clothes. Brahmin chanted Mantras and Antarpat was held and thereafter accused No.1 and Joyti exchanged garlands. The witnesses did not whispered regarding Homa and Saptapadi and thus essential ceremonies were not proved to have been performed. It does not appear from the judgment that the applicant has come out with a case that there are any other customs in the community of the applicant or the respondents. In-fact, in their own marriage there was performance of Homa and Saptapadi as can be seen from para 7 of the judgment. ( 3 ) 4. In the facts and circumstances and in view of the law laid down right from the case of Bhaurao V/s. State of Maharashtra, AIR 1965 SC 1564 and Smt. Priya Bala Ghosh V/s. Suresh Chandra Ghosh, AIR 1971 SC 1153, the judgment of acquittal cannot be faulted. In the circumstances, leave to file appeal is rejected. The criminal application stands dismissed. [P.R. BORKAR,J.] snk/2010/JAN10/cra193.10