(1.) IN this appeal preferred by the State Government from the order of acquittal passed by the learned Sessions Judge, Gurdaspur setting aside the conviction and sentence-awarded by the Magistrate a question of law has been raised on which there is some divergence of opinion. Before setting out the point of law it would be useful to recapitulate the undisputed facts relating to the case.
(2.) A complaint was filed by Parkasho on 27th July, 1961, undersub-section494 and 109, Indian Penal Code, against Om Parkash,his father Salig Ram Mohan Devi wife of Salig Rami Mela Ram and Kasturi Lal. The allegation of the complainant was that she married Om Parkash about 12 or 13 years ago. Two issues were born out of this union both of whom-are now dead. According to the complainant she was turned out of the house by her husband after she had been given a beating. It is further stated in this complaint that Om Parkash remarried one Pushpa Rani daughter of Mela Ram the fourth accused, with the connivance and consent of Salig Ram and Mohan Devi parents of her husband. These assertions were repeated in the statement which Parkasho made to the Court of Shri V. V. Kohli, Magistrate First Class, Gurdaspur, on 2nd August, 1961.
(3.) OM Parkash happened to have made a statement in Court in proceedings against him for maintenance brought by Paikasho under Section 488, Criminal Procedure Code, that he contracted second marriage at Jammu with the consent of his wife Parkasho. Her how ever in his later statement which he made in defiance on 23rd May, 1962, under the charge of bigamy repudiated the earlier confession made by him about his second marriage though he admitted having signed the statement made by him on 30tb December, 1981. On a consideration of the evidence the Magistrate convicted Om Parkash alone for bigamy and sentenced him to undergo rigorous imprisonment for six months and to pay a fine of Rs, 100/ -. This order of the Magistrate passed on 11th September, 1962 was set aside in appeal by the learned Sessions Judge Gurdaspur, on 23rd November, 1962, it having been held that the second marriage having been solemnized in Jammu, the Court of Gurdaspur had no jurisdiction to try the complaint. It may be added that the accused other than the respondent Om Parkash have been discharged and have no longer any subsisting interest in the appeal.