LAXMI DEVI Vs. SATYA NARAYAN

JUDGEMENT

(1.) THE first respondent was charged for an offence under section 494 I.P.C., respondent No. 7 under section 494 read with section 109 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 'sapatpadi' 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 dt. 18.7.1978 was passed by High Court.

(2.) THE only point urged before us is that though 'sapatpadi' 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 'sapatpadi' 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. The learned counsel for the respondents would urge that the Courts below have correctly appreciated the legal position. It is 'sapatpadi' which establishes the factum of marriage, being an essential ceremony. Without proof of such a ceremony, a case for bigamy cannot arise. We have carefully gone through the evidence. The evidence of PW2 to PW5 does not establish the essential ceremony of marriage viz. 'sapatpadi'. This Court in Kanwal Ram v. H.P. Administration AIR 1966 SC 614 has held as under:

(3.) THOUGH we have come to the above conclusion, the first respondent is undoubtedly living with Bimla, Respondent No. 4 as husband and wife. Merely because the appellant is not in a position to prove the factum of second marriage punishable under section 494 of the Indian Penal Code that does not mean the appellant should be left in the lurch. Exercising our powers under Article 142 of the Constitution of India we think appellant should be awarded compensation which will bring some solace when her life is dismally dark. Therefore, we quantify the compensation at Rs. 25,000/ - which shall be paid by the first respondent to the appellant within eight weeks from today. In the result, the criminal appeal is disposed of in the above terms.