JUDGMENT 1. - This is an application for leave to appeal filed on behalf of complainant Kanaram, who happenes to be the father of Mst. Chanda wive of accused-non-petitioner Madanlal. 2. It is alleged that Mst. Chanda was married to accused-non-petitioner Madanlal as per Hindu rites in Samwat Year 2028, and there,after, their Gona took place. It is further alleged that later, Madanlal married one Mst. Baby an 25-8-1987 and, therefore, a complaint was filed against the accused-nun-petitioners for the offences under sections 494 and with section 109 IPC. The learned Magistrate before whom, the amused peons faced the trial, came to the conclusion that in this case the second marriage has not been proved and, therefore, he has acquitted the accused non petitioners. This is against this order of the learned trial court, that this leave to appeal has been filed by the complainant. 3. Mr. Bhagwati Pd., the learned counsel appearing fir the petitioner has contended that in India, Nata Marriage is prevail eat in certain communities. He has submitted that accused Madanlal has contracted Nata marriage with Mst. Baby with the help of other accused non-petitioners and, therefore, leave to appeal should be granted In this respect, he has placed reliance on a decision of their Lordships of the Supreme Court in Gopa Hal v. State of Rajasthan ( AIR 1979 SC 713 wherein it has been observed: "Where a spouse contracts a second marriage while the first marriage is still subsisting the spouse would be guilty of bigamy under s. 494, IPC, it is proved that the second marriage was a valid one in the sense that the necessary emotes require by law or by custom have been actually performed. The avidness or the marriage under s. 17 of the Hindu Marriage Act is in fact one of the essential ingredients of s. 494 because the second marriage will become void only because of the provisions of s. 17 of the Hindu Marriage Act In these circumstances, therefore, we are unable to accept the contention of Mr. The avidness or the marriage under s. 17 of the Hindu Marriage Act is in fact one of the essential ingredients of s. 494 because the second marriage will become void only because of the provisions of s. 17 of the Hindu Marriage Act In these circumstances, therefore, we are unable to accept the contention of Mr. Mulla that the second marriage being void section 494 will have no application." According to their lordships of the Supreme Court, it is the duty of the prosecution to prove that necessary ceremonies requires by law or by custom have been actually performed and unless that is pros:A is per the provisions of Hindu Marriage Act or as per the customs of Nata marriage prevalent in the society, it cannot be said that the second marries has been contracted. 4. I have gone through the judgment of the learned lower court as also the evidence recorded in this case. None of the witnesses have stated that as to what ceremonies were performed at the time of Nata marriage. Neither petitioner Kanaram nor his daughter Mst. Chanda has seen the ceremonies of Nata Marriage performed by accused Madanlal. The other witnesses too have not Acid what ceremonies were performed. D.W. 1 Bhanshilal and D W 2 Mangararm have of course stated as to how Nata marriage is performed in their community. The ceremonies performed at the time of Nata marriage have not been pro bled by the prosecution. Simply because the witnesses have stated that the accused Madaalal with the help of other accused-non-petitioners has performed the Nata marriage with Mst. Babi, it cannot be held that the prosecution has proved that accused Madanlal has performed the second Nata marriage according the customs prevalent in his community, The word 'solemnize' used in s. 17 of the Act means in connection with marriage 'to celebrate the marriage with proper ceremonies and in due form'. It requires that the marriage to which s. 494 IPC applies on account of the provisions of the Act should have been celebrated with proper ceremonies and in due form. In this case, the prosecution has failed to prove that Datta Hem and Saptapadi had been performed at the time of second marriage. The prosecutor has farther failed to prove that the lady with them the second marry. In this case, the prosecution has failed to prove that Datta Hem and Saptapadi had been performed at the time of second marriage. The prosecutor has farther failed to prove that the lady with them the second marry. Agents beer alleged to have been contracted by the accused Niadadial carried say pitcherful of water on her head and accused Madanlal helped her in unloading that pitcherful of water, as per the custom prevailent in their community. It has further failed to prove that any Gattijli was done by he sitter of the husband and then the persons assembled welt together in the house of accused Madanlal. More over, it, is alleged that Nata marriage was performed on the well of P.W 1 Banshilal. D.W I Banshi Lal has categorically stated that no Nate marriage took place on his well, Keeping in view these facts and circumstances of this case, I do not find it a at case in which leave to appeal should be granted to the petitioner. 5. This leave to appeal is therefore, rejected.Leave to appeal rejected. *******