Manjit Kaur alias Lakhminder Kaur vs State of Punjab

A.S. Nehra, J.

Manjit Kaur alias Lakhminder Kaur has filed this petition under Section 482 of the Code of Criminal Code for setting aside the orders dated 17.12.1985 and 12.7.1988 passed by the Sub Divisional Judicial Magistrate, Barnala, and the Additional Sessions Judge, Barnala, respectively. The complaint filed by the petitioner was dismissed by the Sub Divisional Judicial Magistrate and the revision petition filed by her was also dismissed by the Additional Sessions Judge.

Briefly stated, the facts mentioned in the complaint filed by the petitioner are as under :

Manjit Kaur complainant was the legally wedded wife of Harpal Singh, their marriage having been solemnized by Anand Karaj on 27.1.1979 at village Bhila in the presence of Baldev Singh, Sukhdev Singh, Avtar Singh and others. It was known two days prior to the filing of the complaint that Harpal Singh had remarried with Harbans Kaur accused with the abetment of accused respondents Nos. 3 to 10. At the time of that marriage with Harbans Kaur, it was known to the accused persons that Harpal Singh was formerly married with Manjit Kaurcomplainant. This second marriage of Harpal Singh with Harbans Kaur was solemnized by Anand Karaj in the presence of Holy Shri Guru Granth Sahib in the presence of Jaggar Singh son of Lal Singh, resident of Talewal, Kaur Singh son of Gurdev Singh of Bhotna, Mohan Singh son of Dalip Singh of Bhotna and Babu Singh son the Karnail Singh of Dhurkot and the marriage was performed by Chattar Singh Granthi at village Sandhola and thus, according to the complainantpetitioner, Harpal Singh accused committed the offence under Section 494 of the Indian Penal Code and the other accused persons committed the offence under Section 494 read with Section 109, Indian Penal Code.

It has been repeatedly held by this Court that, in a case of bigamy, a marriage is not proved unless the essential ceremonies required for its solemnization are proved. Both the Courts below have held that the evidence of Kaur Singh and Mohan Singh PWs, does not inspire confidence and that their presence at the time of the alleged second marriage is doubtful. PW2 Chatter Singh Granthi has stated that the bride and the bridegroom continued sitting before the Holy Shri Guru Granth Sahib at the time of Anand Karaj and that the Ardas was made by him but he has not stated that the bride and the bridegroom were asked to take rounds of the Holy Shri Guru Granth Sahib. Therefore, there is no evidence on the record to the effect that the essential ceremonies of Anand Karaj were performed. The learned lower Courts have rightly rejected the evidence of Kaur Singh and Mohan Singh, PWs, who are the witnesses of the alleged second marriage, and held that their presence at the time of the alleged second marriage is very doubtful.

In view of the abovementioned discussion, there is no merit in the petition and the same is dismissed.