Darshan Singh vs The State of Punjab

M.M. Punchhi, J.—On being convicted of bigamous condust u/s 494 of the Indian Penal Code, the present revision petition is at the instance of Darshan Singh Petitioner. His wife Gurdev Kaur filed a complaint against him u/s 494 of the Indian Penal Code, his alleged second wife Kuldip Kaur and 6 other persons including his parents. The trial Court discharged the afore referred to 6 persons, charged Darshan Singh Petitioner u/s 496 of the Indian Penal Code and his alleged second wife Kuldip Kaur u/s 494/109 of the Indian Penal Code but ultimately convicted the former and acquitted the latter by giving her benefit of doubt the sentence imposed on him was 9 months'' rigorous imprisonment and a fine of Rs 00/- in default of payment of fine, further rigorous imprisonment for 3 months. The Additional Sessions Judge, Ludhiana, dismissed his appeal against the order of the trial Magistrate On revision to this Court, he was ordered to be released on bail on February 8. 1 77 He challenges his conviction and sentence.

Briefly stated, the case of the complainant was that Darshan Singh accused was a Jat Sikh and thus a Hindu as defined in the Hindu Marriage Act, 1955. That law enjoins monogamy for a Hindu. It is unlawful for Hindu male to marry a second time in the presence of a subsisting marriage between him and his first wife. It is alleged that on January 20. 197(sic)., Darshan Singh Petitioner was married with Kuldip Kaur(sic) since acquitted, as per custom and religion prevalent among the Hindu Jat Sikhs. The complainant claimed herself to be the first wife of Darshan Singh Petitioner having married him on March 16, 1963. She alleged that since she could not give birth to a child, she was subjected to malireatmen and merciless beating and ultimately turned out of his house. Despite persuation by all the r latives for her rehabilitation, there was no response from the Petitioner. It was also averred by her that the Petitioner had obtained an ex parte decree for restitution of coojugal rights against her without getting her legally served. With regard to second marriage, she claim ed that it had taken place at village Ghankas, tensil Samrala, district t udhiana(sic), according to Anand Karaj ceremony which was performed by Ram Singh P. W. 3 and witnessed by others. The trial Court believed the version of the complainant and her witnesses and ultimately, as said before, convicted the Petitioner, which order was maintained by the Court of Appeal.

An interesting but a subtle question of law has been posed by Mr Ajmer Singh learned Counsel for the Petitioner. The question arises from the perusal of the statement of Gurbachan Singh P W. 1 and Ram Singh P W. 3, the eye witnesses to the cirme. The relevant evidence where from the question arises may be incorporated here.

Gurbachan Singh P.W 1:

I went in the marriage party of Darshan Singh. The marriage was performed by Anand Karaj ceremony. Granthi was Ram Singh. Anand Karaj was performed by citation of lamas. In the Jat community Anand Karaj ceremony i being considered as a valid form of marriage. The accused are Jat Sikhs.

Ram Singh P. W. 3:

I performed the Anand Karaj ceremony between the parties in village Ghankas Kuldip Kaur was married with Darshan Singh, Kuldip Kaur is the daughter of Ajit Singh. The marriage was performed through Law and Anand Karaj

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Anand Karaj cermony was performed in the presence of Guru Granth Sahib. Parties are Jats by caste and in thair community Anand Karaj ceremony is a valid ceremony.

On the above evidence of the presecution, (which was not challened or clarified in cross examination) the learned Counsel for the Petitioner contends that the essentials(sic) of the Sikh marriage known as Anand are not proved to have been performed and consequently conviction u/s 494 of the Indian Penal Code was unsustaina-ablc. Reliance was placed by him on Bhaurao Shankar Lokhande and Another Vs. State of Maharashtra and Another, , where it was held as under.

Section 7 of the Hindu Mairiage Act makes the marriage between two Hindus void if two conditions are satisfied: (i) the marriage is solemnized after the commencement of the Act and (ii) at the date of such marriage, either party had a spouse living. The word solemnize'' means, in connection with a marriage,'' to celebrate the marriage with ceremonies and in due form''. It foll-ows, therefore, that unless the marriage is ''celebrated or performed with proper ceremonies and in due form'' it cannot be said to be'' solemnized.'' It is, therefore, essential, for the purpose of S. 17 of the Act. that the marriags to which S. 494, I P. C., applies on acc-ount of the provisions of the Act, should have been celebrated with proper ceremonies and in due form. Merely going through certain cermonies with the intention that the parties be taken to be married will not make the ceremonies prescribed by law or approved by any established customs.

Their Lordships of the Supreme Court again in Kanwal Ram and Others Vs. The Himachal Pradesh Admn., reiterated the view taken by them in Bhauro Shankar''s case (supra) In the same strain, their Lord ships set aside a conviction u/s 494 of the Indian Penal Code in Smt. Priya Bala Ghosh v. Suresh Chandra Ghose AIR 1971 S C. 153. It was held that proof of solemnization of the second marriage in accordance with essential religious rites applicable to parties was a pre requisite for conviction in a bigamy case.

The principles of law laid down by their Lordships of the Supreme Court are unexceptionable. In another case, which arose from this Court ; the second marriage like the present one, was performed by Anand Karaj, and their Lordships while dealing with the matter in Chand Singh v. Surjit Kaur 1966 C.A.R. 299 (S.C.) observed as under -

Now it has been held by this Court in Kanwal Ram v. The Himachal Pradesh Administration (Criminal Appeal No. 167 of 1963 Lokhande v. The State of Mahararshtra unreported) that in a charge of bigamy a marriage is not proved unless the essential ceremonies required for its solemniztion an proved. He o ne ceremony was spoken to. All that was said was that ''Anand Karaj" was psrformed. The learned Judges, of the High Court said "Anand Karaj" is a universally accepted form of marriage between Sikhs.We do not think that is enough to prove the marriage. It was not said in the judgment under appeal or at the bar that the words "Anand Karaj" connote a particular ceremony. What we find from the record is that it is a form of marriage for which we take it that ceremonies are required.

On the basis or this authority the learned Counsel for the Petitioner claims acquittal for his client.

It is a patent that in Chand Singh''s case (supra), the expression Anand Karaj, was taken as a form of marriage and not the ceremony it self on the record of that case and the case as put forth at the bar. But the learned Counsel for the Petitioner Mr. Ajmer Singh and the learned Counsel for the State Mr. M S Chadha have in fairness and in the maintenance of the high traditions of the Bar, renderend me full assistance to sett le this issue.

Legislation in the field is covered by the Anand Marriage Act (VII of 1909), the Preamble of which reads as follows:

An Act to remove doubts as to the validity of the marriage caremony common among the Sikhs called Anand." Section 2 of the Act validates Anand marriages. It provides" all marriages which may be or may have been duly solemnized accor-ding to the Sikh marriage ceremony called Anand shall be, and shall be deemed to have beeen(sic) with effect from the date of the solemnization of each respectively, good and valid in law" Section 4 thereof provides "Nothing in this Act shall affect the validity of any marriage duly soleminized according to any other marriage ceremony customary among the Sikhs.

The learned Counsel for the Petitioner invited my attention to booklet titled ''Rahit Maryada"-A guide to the Sikh way of Life-iss by the Academy of Sikh Religion and Culture, Patiala, under the aegis of the Shiromani Gurdwara parbandhak Committee-the central religious advisory body of the Sikh, a creature of the Sikh Gurdwaras Act (No 8 of 1925). In particular be referred to the guidelines given for a Sikh marriage which I have chosen to borrow thereform and incorporate in this order without any objection from the counsel for the State. These are as under:-

(i) For the wedding ceremony, the congregation sits in the presence of the Guru Granth and hear hymns of Praise to God. These may be sung either by the congregation or by professional musicians. The bride and groom should be seated in the front of the Guru Granth, with the bride seated at the left of the groom.

The person who officiates at the ceremony (this may be any Sikh approved by the congregation then asks the bride and groom and their parents to stand while he says the Ardas.

This is the start of the marriage ceremony proper, and is followed by a short sermon by the officiator, in which he explains the significance of the Sikh marriare ceremony.

The love between husband and wife is compared with the love and longing of the human soul for God. The bride and groom are reminded of their resnective duties ; the love and loyalty they should have to each other, and how they should share both their sorrows and their joys. Both groom and bride are advised to love and respect the other''s relatives as they would their own.

After this short lecture, the officiator asks the bride and groom to signify their assent to the marriage by bowing before the Guru Granth. A scarf is held at one end by the groom and the bride''s hand by her father or guardian

The Guru Granth is opened to the Lavan (marriage prayers). The officiator reads the first verse And this is then sung by the congregation whilst the couple rise, each still holding the end of the scarf, and walk slowly around the Guru granth with the groom leading until, on reaching their starting position, they how down and bear the recond verse being read. As before, the congregation then sing this verse and again the couple circumambulate the Guru Granth and is then repeated for the remaining two verses of the Lavan.

The service is then concluded in the usual manner ; that i the singing of the first five verses and last verse of the Anand Sahib, the saying of Ardas and the distribution of Kara Prashad"

Lanvans (marriage prayers) according to the learned Counsel for the parties are those recitations from the Guru Granth Sahib (the holy book of the Sikhs) which are titled Suhi Mohalla Chautha ; meaning thereby the musical beatitude of the fourth Guru, Guru Ram Dass. The walking of the couple around the Guru Granth Sahib is simultaneous with the recitation of those hymns and in all four rounds are made to complete the ceremony. The completion of each round is signified by a pause and reverential bow by the bride and bridegroom before the Holy Book simultaneous with the end of recitation of each of one of the four hymns respectively as per Suhi Mohalla Chautha. This is followed by invocation for divine blessings, offering of bendle-tory prayers and distribution of the sweet known as Kara Prashad.

Presently, it may be seen, that two eye witnesees Gurbachan Singh and Ram Singh P Ws have clearly said that amongst Jat Sikhs marriage is performed by Anand Karaj cersmony and the Lavans- (spoken by hem as Lama diallctally) were performed. One conducted the ceremony and the other witnessed it. The preamble of the Anand Marriage Act suggests that the marriage ceremony common among the Sikhs is called Anand. or if I may say so, Anand Karaj (the deed of Anand) Sufficient light can also be drawn from the quotation reproduced above from the booklet4............................ A Guide to the Sikh way of life'' wherein it is patently clear that the ceremony for the wedding proper is preluded by short hymns of advice to the newly weds-to be followed by the assent to the performance of marriage by the bride and bridegroom by bowing before the Guru Granth Sahib. The symbolic giving of the bride ''oi e(sic) groom is signified by giving in her hand the scarf end of her father or guardian, the other end of which is already In the hand of the groom. It is also petent that then the marriage ceremony with rituals takes place by taking four Lavans simultaneous with the recitation of the musical beatitude of the 4th Guru, afore explained to. Thereafter the ceremony is followed and concluded with the singing of the first five verses and the last verse of the Anand Sahib-(Blissful ver as) and the saying of Ardas (in vocational prayers) and the distribution of the Kara Prashad. It appears that the essential four Lavans (circumambulations) made by the groom followed by the bride around the Voly(sic) Guru Granth Sahib amidst the chanting of the recitations of the hymns composed by the fourth Guru, Guru Ram Dass are the only essential ceremonies of the Anand Karaj. Somewhat parallel is the Saptpadi in the Hindu Marriage. They are the formal rounds of acceptance of the nuptial vows. Thus it is so held. In the instant case, both the P Ws are unequivocal that such Lavans had taken place and the ceremony which was done was known as Anand Karaj Such ceremony had to be deemed to be valid in law u/s 2 of the Anand Marriage Act Bereft of the afore referred to material, their Lordships of the Supreme Court took the view as they did, in Chand Singh''s case (supra) and the same does not apply to the present case in hand.

Now, I have no reason to take a different view of the evidence as has been taken by the Courts below not only with regard to the ceremony as such but also with regard to the ceremony as such but also with regard to the prosecution case as a whole. I have not been persuaded to take a different view than the one taken by the appellate Court and thus the conviction of the Petitioner is well based and is hereby maintained.

The next question which was canvassed by the learned Counsel for the Petitioner was that there was background of litigation between the husband and wife and the married life was in disarray irreparably. Further stretching the point, at the same while not admitting, he maintained that the need of marital comfort, so natural to a man may have imp:Iled the Petitioner to marry a second time. He also maintained that the Petitioner being a peasant, young in age and in need of a comrade at-hand to keep him pursue bis vocation of agriculture compulsively committed the crin e(sic) and thus a lenient view regarding sentence be taken especially when the occurrence is of 1971 and he is on bail after the orders of this Court dated February 8, 1977. He pointed out that the Petitioner has already undergone sentence for about 26 days and that period is sufficient to meet the ends of justice if there is no cause to invoke the benificient provisions of Section 360 of the Code of Criminal Procedure. I do feel inclined to accept the suggestion made by the learned Counsel for the Petitioner with regard to sentence alone Ends of justice will be amply met in the present case if the sentence of imprisonment is reduced to that of already undergone with an increase in fine which is raised to Rs. 2,000/-. The fine be paid within a period of one month from today. In default of pay ment of fine, the Petitioner would undergo the unexpired period of his sentence. Fine, if recovered be paid to the complainant Smt. Gurdev Kaur and she be informed of the deposit immediately thereafter to obtain it.

With this modification, this revision petition fails and is hereby dismissed.

P.M.S. Petition dismissed.