JASPAL SINGH Vs. SHARANJIT KAUR AND ORS.

JUDGEMENT

(1.) THE applicant has filed the present application under Section 378(4) read with Section 372 Cr.P.C. for grant of leave against the judgment and order dated 4.3.2014 passed by the Judicial Magistrate 1st Class, Ludhiana in a complaint case bearing No. 7/1 dated 17.1.2006 whereby the accused have been acquitted of the charges framed against them.

(2.) BRIEFLY , stated the applicant -complainant has filed a complaint against the respondent -accused namely Sharanjit Kaur w/o Jaspal Singh, Rajinder Kaur w/o Ajaib Singh and Surinder Kaur d/o Ajaib Singh, all residents of B -IX -234, Mohalla Buta Jat, Neemwala Chowk, Subhani Building, Ludhiana. Sharanjit Kaur (accused No. 1) is the wife of the applicant, Rajinder Kaur (accused No. 2) is his mother -in -law and Surinder Kaur (accused No. 3) is his sister -in -law. The allegation against the accused are that accused Rajinder Kaur and Surinder Kaur (accused Nos. 2 and 3 respectively) informed the complainant at the time of his marriage with Sharanjit Kaur (accused No. 1) that Sharanjit Kaur is unmarried. Acting on this assurance, applicant has contracted second marriage with Sharanjit Kaur. But complainant came to know that Sharanjit Kaur was already married with one Mukesh Kumar and her earlier marriage with him had not dissolved. This fact was intentionally concealed by all the accused from the applicant -complainant, which necessitated filing of the complaint against the respondent -accused under Sections 494, 420 and 120 -B read with Section 34 IPC.

(3.) ON the basis of preliminary evidence, the respondents - accused were summoned to face the trial under Sections 494, 420 and 120 -B read with Section 34 IPC. After the appearance of the accused persons, case was fixed for pre -charge evidence of the complainant. Thereafter, charges were framed against the accused under Sections 494, 420 and 120 -B IPC. Complainant examined himself as CW1, whereas Harnek Singh examined as CW2, Gurmeet Singh as CW3 and Sunil Kumar was examined as CW4 and closed his after charge evidence by making separate statement. CW1 Jaspal Singh has stated that he was earlier married with Gurpreet Kaur d/o Joginder Singh and out of this wedlock one child was born, who is in the custody of Gurpreet Kaur. However, the first marriage was dissolved by way of decree of divorce decided vide judgment dated 4.5.1995. Thereafter, the accused Nos. 2 and 3 contacted him and his family members in order to marry accused No. 1 with him and assured the complainant that Sharanjit Kaur (accused No. 1) is unmarried and is competent to perform marriage with the complainant. Accordingly, on active assurance given by the accused Nos. 2 and 3, the applicant performed second marriage with accused No. 1 on 3.3.1996 as per Sikh rites. But after marriage, accused No. 1 had disclosed to the applicant that she was earlier married with one Mukesh Kumar son of Chaman Lal and out of that wedlock one child was also born. Photograph of Mukesh Kumar was placed on record as Ex.C -1. When the applicant inquired the matter from accused No. 1 Sharanjit Kaur, she left the company of the applicant and started living separately at her parental home. The fact remains that her marriage with Mukesh Kumar has not been dissolved and, therefore, she is not competent to perform second marriage with the applicant.