LAXMI DEVI Vs. SATYA NARAYAN

JUDGEMENT

(1.) The first respondent was charged for an offence under S.494, I.P.C., respondent No. 7 under S. 494 read with S. 109 of I.P.C. and respondent Nos. 2 to 6 and 8-9 under S. 494 read with S. 120B of I.P.C. The trial took place before Judicial Magistrate No. 1, Bikaner. It was held that the prosecution had not proved through proper witnesses saptapadi to establish the factum of second marriage of accused (respondent No. 1). The High Court found that it was not a fit case for grant of leave to appeal. Thus, the present criminal appeal against the impugned order dated 18-7-1978 was passed by High Court.

(2.) The only point urged before us is that though saptapadi a fact has not been proved, there is enough evidence to establish the factum of second marriage. There are eye-witnesses who have seen the marriage. That is enough to bring out the charge. The principle relating to saptapadi taking of seven steps before the sacred fire cannot be insisted upon if as of fact marriage is established. Therefore, the Courts below are wrong.

(3.) The learned counsel for the respondents would urge that the courts below have correctly appreciated the legal position. It is saptapadi which establishes the factum of marriage, being an essential ceremony. Without proof of such a ceremony, a case for bigamy cannot arise.