UDHA SINGH @ UDHAPAL SINGH Vs. MOHINDER KAUR

JUDGEMENT

(1.) THIS judgment will also dispose of Criminal Misc. No. 5578-M of 1986, Mohinder Kaur v. Udha Singh. Mohinder Kaur filed a complaint on 1-6-1979 against Udha Singh and Jagwant Kaur for an offence under Section 494/109 IPC. As per averments made in the complaint she was married to Udha Singh in March 1958 in village Nohra, Tehsil Nabha. The marriage was performed by Anand Karaj ceremony. Udha Singh and other members of his family did not treat her properly as they were not satisfied with the dowry given to her and also conveyed that she was not to their liking. After 1-1/2 years of the marriage she was given beating and was turned out of the house and since then she lived in the house of her parents at village Nohra. She learnt that Udha Singh contracted a second marriage with Jagwant Kaur in the month of October, 1968 at village Bhullarheri through Anand Karaj ceremony in the presence of Jag Singh son of Sadhu Singh and Amar Singh son of Niranjan Singh. Father of Jagwant Kaur, namely, Teja Singh was also present. She started residing with Udha Singh as his wife at Nabha and gave birth to three children out of this wedlock. At the time of her marriage Jagwant Kaur was aware that Udha Singh was already married to the complainant and that marriage was subsisting.

(2.) AFTER recording preliminary evidence Udha Singh and Jagwant Kaur were summoned. Udha Singh was charged for an offence under Section 494 IPC and Jagwant Kaur for the offence under Section 494 read with Section 109 IPC. They pleaded not guilty to the charge and claimed trial.

(3.) AFTER perusing the evidence and hearing the counsel for the parties, the learned trial Court found that charge against Jagwant Kaur was not proved and she was acquitted, but Udha Singh was held guilty for an offence under Section 494 IPC and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2000/-. Aggrieved by this judgment dated 24-12-1984 recorded by Sub Divisional Judicial Magistrate, Nabha, Udha Singh filed an appeal. Mohinder Kaur too was not satisfied with the quantum of sentence and she preferred a revision petition against the same judgment. Both the appeal as well as the revision petition were dismissed by Shri S. S. Chahal, the learned Additional Sessions Judge, Patiala vide his judgment dated 16-7-1986. It is this judgment which has been assailed by Udha Singh by way of this revision Petition. The other Criminal Misc. referred to above, was filed by Mohinder Kaur with a prayer that sentence awarded to Udha Singh may be enhanced.