Davinder Kaur vs Santokh Singh

S.D. Bajaj, J.

Complainant Smt. Devinder Kaur filed against six accused Criminal complaint No. 10 in the court of learned Chief Judicial Magistrate, Ropar, on January 7, 1983 under section 494, 496, 498 read with Sections 109 and 120B of the Indian Penal Code. Respondent No. 1 Gurcharan Singh legally wedded husband of the complainant was alleged therein to have married a second time, during the life time of the complainant his first wife, with Smt. Darshan Kaur respondent No. 4. Accused Nos. 2 and 3 are the mother and sister of Accused No. 1 while accused Nos. 5 and 6 are parents of accused No. 4. First marriage of accused No. 1 with complainant was performed on November 26, 1987 and the second marriage with accused No. 4 on October 27, 1982. Accused respondents 2 and 3 as also accused respondents 5 and 6 have been prosecuted as coconspiratiors and abettors in the performance of the second marriage. Vide its impugned judgment dated February 10, 1986 learned trial Court acquitted the second bride Smt. Darshan Kaur accused No. 4 as also Smt. Kuldip Kaur sister of accused No. 1; herself accused No. 3. Remaining four accused in the bridegroom, his mother as also the parents of the second birde were all convicted. Husband accused No. 1 was convicted under section 494 and the remaining three under section 494 read the Section 109 of the Indian Penal Code. Accused Gurbachan Singh No. 1 was awarded rigorous imprisonment for a period of two years and fined Rs. 2,000/. In default of payment of fine the convicted accused aforesaid was ordered to undergo rigorous imprisonment for a further period of six months. Remaining three accused were sentenced to undergo rigorous imprisonment for a period of one year and fined Rs. 500/ each for their conviction under section 494 read with Section 109 of the Indian Penal Code. In default of payment of fine everyone of them was ordered to undergo individually rigorous imprisonment for a further period of three months. Out of the fine amount on realisation 50% was ordered to be paid to complainant Smt. Devinder Kaur by way of compensation.

In appeal learned lower appellate court vide its impugned judgment dated September 9, 1986 acquitted the four accused convicted by the learned trial Court as well. Complainant Smt. Devinder Kaur has, therefore, filed two Criminal Appeals bearing Nos. 91 and 92 DBA of 1987 against their acquittal. Accused Nos. 5 and 6 are arrayed as respondents in Criminal Appeal Nos. 91 and accused Nos. 1 and 2 in Criminal Appeal No. 92. Acquittal of accused No. 3 and 4 ordered by the learned trial Court on February 10, 1986 has not been assailed in this Court.

We have heard Shri R.S. Cheema, Senior Advocate, with Mrs. Nirmaljit Kaur and Mr. A.S. Virk, Advocates, for appellant in both the appeals, Mr. Jasbir Singh, Advocate, for the respondents and carefully perused the entire relevant material on record.

Following the Supreme Court observations in Bhaurao Shankar Lokhande and another v. The State of Maharashtra and another, AIR 1965 Supreme Court 1954, and Kewal Ram and others v. The Himachal Pradesh Administration, AIR 1966 SC 614, our own High Court observed in Darshan Singh v. The State of Punjab, Volume LXXXII1980 Punjab Law Reporter 243 and over again in Resham Singh and another v. Kartar Singh and others, Volume LXXXVI1983(2) R.C.R.(Criminal) 497 : 1984 Punjab Law Reporter 78 :

"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 persual of the statement of Gurbachan Singh P.W. 1 and Ram Singh P.W. 3, the eyewitnesses to the crime. The relevant evidence wherefrom 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 is 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.

..., ..., ..., ..., ..., ..., ..., ..., ...

Anand Karaj ceremony was performed in the presence of Guru Granth Sahib. Parties are Jats by caste and in their community Anand Karaj ceremony is a valid ceremony". On the above evidence of the persecution, (which was not challenged or clarified in crossexamination) the learned counsel for the petitioner contends that the essentials of the Sikh marriage known as Anand are not proved to have been performed and consequently conviction under section 494 of the Indian Penal Code was unsustainable. Reliance was placed by him on Bhaurao Shankar Lakhande and another v. The State of Maharashtra, AIR 1965 S.C. 1564 wherein it was held as under:

"Section 7 of the Hindu Marriage Act makes the marriage between 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 lying. The word `solemnize'' means, `in connection with a marriage'' to celebrate the marriage with ceremonies and in due form''. It follows, 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 Section 17 of the Act that the marriage to which Section 494, Indian Penal Code, applies on account of the provisions of the Act, should have been celebrated with proper ceremonies 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 Appellant v. Himachal Pradesh Administration, AIR 1966 SC 614 reiterated the view taken by them in Bhaurao Shankar''s case (supra). In the same strain their Lordships set aside a conviction under section 494 of the Indian Penal Code in Smt Priya Bala Ghosh v. Suresh Chandra Ghose, AIR 1971 SC 153. It was held that proof of solemnization of the second marriage in accordance with essential religious rites applicable to parties was a prerequisite 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 CAR (SC) 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 Maharashtra unreported) that in a charge of bigamy a marriage is not proved unless the essential ceremonies required for its solemnization are proved. Here no ceremony was spoken to. All that was said was that `Anand Karaj'' was performed. 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 of 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 itself 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. Chandha have in fairness and in the maintenance of the traditions of the Bar, rendered me full assistance to settle 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 ceremony common among the Sikhs called Anand".

Section 2 of the ACt validates Anand marriages. It provides "all marriages which may have been duly solemnized according to the Sikh marriage ceremony called Anand shall be and shall be deemed to have been 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 solemnized according to any other marriage ceremony customary among the Sikhs". The learned counsel for the petitioner invited my attention to booklettitled `Rahit Maryada'' guide to the Sikh way of life, by the Academy of Sikh Religion and Culture, Patiala, under the aegis of the Shiromani Gurdawara Parbandhak Committee the central religious advisory body of the Sikhs a creature of the Sikh Gurdwara Act (No. 1 of 1925). In particular he 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 congregations or by professional musicians. The bird 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 explaint the significance of the Sikh marriage 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 respective duties, the love and loyally 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 after or guardian.

The Guru Granth is opened to the Lavan (marriage prayers). The officiator reads the first verse and this is a other 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 bow down and hear the second verse being read. As before, the congregation then sing the 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 is with the singing of the first five verses and last verse of the Anand Sahib, the saying of Ardas and the distribution of Karah Prashad". Lavas (marriage prayers) according 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 bride groom before the Holy Book simultaneous with the end of recitation of each one of the four hymns respectively as per Suhi Mohalla Chautha. This is followed by invocation for divine blessings, offering of bendictory prayers and distribution of the sweet known as Karah Prashad.

Presently, it may be seen, that two eyewitnesses Gurbachan Singh and Kam Singh PWs have clearly said that amongst Jat Sikhs marriages performed by Anand Karaj ceremony and the Lavans (spoken by them as Lama dialectially) 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 booklet`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 to bridegroom 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 patent that then the marriage ceremony with rituals takes place by taking four lavans simultaneous with the recitatation of the musical beatitude of the 4th Guru, aforeexplained to. Thereafter the ceremony is followed and concluded with the singing of the first five verse and the last verse of the Anand Sahib (Blissful verses) and the saying of Ardas (invocational prayers) and the distribution of the Karah Prashad. It appears that the essential four Lavans (circumambulations) made by the groom followed by the bride around the Holy Guru Granth Sahib amidst the chanting of the recitations of the hymns composed by the fourth Guru Ram Dass are the holy essential ceremonies of the Anand Karaj. Somewhate 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 PWs 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 valid in law under section 2 of the Anand Marriage Act".

The learned Additional Sessions Judge did not touch the merits of the case. Undoubtedly, if he had examined the merits of the case, he could as well take a different view and set aside the order of discharge. Now to ask him to review the evidence would be to promote litigation.

Since the matter is here present, I have chosen to do the exercise myself. On going through the order of the learned Magistrate it seems plain that both eyewitness had nowhere stated about the essential ceremonies of the marriage known as Anand Karaj. That marriage by the Anand Karaj has essential ceremonies of four Lavans made by the groom followed by the bride around the holy Guru Granth Sahib amidst the chanting of the recitations of the hymns composed by the fourth Guru Guru Ram Dass are the accepted essential ceremonies. See in this connection my decision in Darshan Singh v. The State of Punjab, (1979) 6 Cr. L.T. 424. The learned counsel for the respondents has not been able to point out to me even a word from the statements of the witness which could show that any ceremony was referred to by the PWs. Their saying that Anand Karaj was performed is not enough. Thus the view taken by the learned Magistrate on the facts of present case is unexceptional.

Learned lower, Appellate Court thus rightly acquitted the four accused convicted by the learned trial Court. Its finding in this regard is affirmed. In result the two appeals filed by the complainant in this Court get wholly bereft of any merit therein and are consequently dismissed.