KARTAR KAUR ALIAS TARO Vs. GURDEV SINGH

JUDGEMENT

(1.) THE facts giving rise to this appeal are that Kartar Kaur complainant was married to Gurdev Singh respondent by way of Anand Karaj ceremony at village Sivian about sixteen years prior to the filing of the complaint and the marriage was attended by Kaka Singh. After marriage she resided with Gurdev Singh respondent at his house situated in Mehna Chowk, Batinda and discharged all the obligations of a wife. As she could not bear a child, Gurdev Singh started maltreating her and declared that he was to contract a second marriage. Kartar Kaur opposed the proposal and also requested her relatives to check Gurdev Singh from performing a second marriage. Gurdev Singh got annoyed and turned her out of the house about eleven months before the filing of the complaint. The complainant Kartar Kaur then started living with her mother at Chak Attar Singh Wala. The complainant alleged that Gurdev Singh contracted a second marriage with her sister Amarjit Kaur 7/8 months before the filing of the complaint and the marriage was performed by Anand Karaj ceremony with full religious rites in the presence of Gurdev Singh son of Kirpal Singh and Major Singh son of Arjan Singh. It was arranged by Mohinder Singh respondent, brother of the complainant. Joginder Singh and Balwinder Singh respondents, two of her brothers performed the ceremonies of marriage. They had knowledge that Gurdev Singh was already married with her and she was alive. Thus a complaint was filed by Kartar Kaur against Gurdev Singh and other respondents for their trial for offences under sections 494/495/497 and 109, Indian Penal Code.

(2.) AFTER preliminary evidence was recorded, the respondents were summoned and Gurdev Singh respondent was charged for an offence under section 494 and the other respondents for the offences under section 494 read with section 109 Indian Penal Code.

(3.) AFTER perusing the record and hearing the counsel for the parties, the learned trial Court found that the complainant failed to establish the charge against the respondents beyond reasonable doubt and the respondents were thus acquitted by Shri Bhagwan Singh the learned Judicial Magistrate Ist Class, Bhatinda vide his judgment dated April 29, 1983. It is this judgment that has been assailed by the complainant by way of this appeal.