AMARJIT KAUR Vs. RANJIT SINGH SARAO

JUDGEMENT

(1.) ON 18.1.1983 Mrs. Amarjit Kaur filed a complaint under sections 494/109 of the Indian Penal Code against the accused on the bound that she was lawfully wedded to Ranjit Singh Sarao accused on 13.4.1973. The marriage was performed according to Sikh rites at Chandigarh. However, relations between the two got strained and she was turned out of the house by Ranjit Singh Sarao accused on 5.6.1979. Since then, they are living separately and an application under section 125 Cr.P.C. for grant of maintenance had been decided in her favour by the Court on 8.4.1982.

(2.) FURTHER allegations in the complaint are that her husband Ranjit Singh during subsistence of the first marriage, performed second marriage with Mst Paramjit Kaur accused. Third co-accused Tajinder Pal singh was also instrumental and present at the time of performace of marriage of her husband with Paramjit Kaur on 21.1.1981. The wedding cards for the second marriage were widely circulated and were received by Harvinder Singh, Darshan Singh and Japal Singh. It has also been alleged in the complaint that this second marriage was soleminised at village Dera Bassi according to Sikh rites (Anand Karaj) and the 'Anand Karaj' ceremony was performed by the persons namely Mohinder Singh (Head Granthi) and Amar Singh (Granthi). It has also been alleged in the complaint that subsequent to the second marriage, a female child was born out of the said wedlock on 23.2.1982 in the Civil Hospital at Kharar and also a male child in August, 1983 and both these children are alive.

(3.) THE trial Court after perusal of the statements of the prosecution witnesses dismissed the complaint and acquitted the accused primarily on the grounds: (i) that the complaint was lodged after an inordinate delay without any plausible explanation neither pleaded in the complaint nor so proved during the trial; (ii) that there is no credible evidence on record to prove the factum of second valid marriage. The discrepant oral statements of the prosecution witnesses examined on this point cannot be relied upon particularly when both the Granthis who performed the 'Anand Karaj' ceremony in the second marriage as alleged in the complaint, have not been produced in the Court.