THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL APPEAL No.1261 of 2010 JUDGMENT: This appeal preferred by the State is directed against the judgment, dated 21.08.2009, passed in Criminal Appeal No.62 of 2006 on the file of the XI Additional District and Sessions Court, (Fast Track Court) Guntur at Tenali, whereby the judgment, dated 03.02.2006, passed by the I Additional Munsif Magistrate, Tenali in C.C.No.81 of 1999 was set aside and thereby, acquitting the accused of the offences punishable under Sections 494 and 498-A IPC. The case of the prosecution, in brief, is the accused- respondent herein married the de facto complainant in January 2004. After marriage, they lived for some time at Vamanaguntapalem, where the accused subjected the de facto complainant to cruelty and demanded her to bring a dowry of Rs.25,000/- from her parents and started harassing her both physically and mentally. It is further alleged that the accused married another lady by name Parabathuni Jhansirani and was having illicit intimacy with her. Hence, the charge sheet against the accused for the offences punishable under Sections 494 and 498-A IPC. During the course of trial, on behalf of the prosecution P.Ws.1 to 11 were examined and Exs.P-1 to P-20 were marked. On behalf of defence, D.Ws.1 to 3 were examined and Exs.D-1 to D-15 were marked. The trial Court after analyzing the evidence, both oral and documentary, on record, came to the conclusion to the respondent herein-accused is guilty of the offence punishable under Section 498-A IPC and accordingly, sentenced him to undergo simple imprisonment for a period of two years and to pay a fine of Rs.500/-, in default to suffer simple imprisonment for a period of one month. The said judgment was questioned by filing Criminal Appeal No.62 of 2006 and the learned XI Additional District and Sessions Court, (Fast Track Court) Guntur at Tenali, by his judgment, dated 21.08.2009, while holding that the accused is not guilty of the offences, set aside the judgment of the trial court. The same is questioned by the State by filing this appeal. Primarily, to attract the offence under Section 498-A IPC, there must be a valid marriage between the parties thereto. Section 498-A IPC states that whoever, being the husband or the relative of the husband of a woman subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The theory of the defence is that the de facto complainant who was examined as P.W-1 is not the legally wedded wife of the accused- respondent herein. May be, they both have illicit contact, but that does not mean that there is a valid marriage between the complainant i.e., the wife and the husband, who is the accused. Further, P.W-1 during the course of her evidence admitted the fact that she filed M.C.No.35 of 1989 against one Dayarathnam in the year 1989 stating that the said Dayarathnam, who is her husband, has neglected her and the said evidence of P.W-1 was recorded by the trial Court on 31.07.1990. When the de facto complainant herself claims to be the wife of one Dayarathnam, it is not known as to how and when she got the status of wife of the accused-the first respondent herein. This aspect was gone into by the lower appellate Court in holding that there is no relationship of wife and husband between the de facto complainant and the accused and as such, it does not attract the provisions of Section 498-A IPC. The said findings recorded by the lower appellate Court appears to be correct. In view of the aforesaid reasons, I see no merits in this Criminal Appeal and the same is accordingly dismissed. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 26th October 2010 dr