HARI SINGH Vs. CHANDER PARKASH

JUDGEMENT

(1.) BY this common judgment I propose to dispose of the present appeal i.e. Criminal Appeal No. 655-DBA of 1995 filed by complainant Hari Singh against the acquittal of Chander Parkash and others, Criminal Appeal No. 656-DBA of 1995 (State of Haryana v. Chander Parkash and others) and Criminal Revision No. 278 of 1995 (Court of its own motion v. Chander Parkash etc.).

(2.) THE four accused, namely, Chander Parkash, Smt. Geeta, Ram Baksh and Sheela were tried under Sections 494/109 by Chief Judicial Magistrate, Panipat in a private criminal complaint instituted by Hari Singh complainant. Vide judgment and order dated 5.11.1993, passed by Chief Judicial Magistrate, Panipat, accused Chander Parkash was held guilty under Section 494 IPC, whereas the other three accused under Sections 494/149 IPC and sentenced to undergo RI for two years and pay a fine of Rs. 2,000/- each. Against their conviction and sentence, the accused filed an appeal which was accepted by Additional Sessions Judge, Panipat on 30.3.1995, holding that the prosecution had miserably failed to prove the validity of the second marriage of accused Chander Parkash with accused Smt. Geeta. The lower Court acquitted the accused of the charges against them. Revision filed by complainant Hari Singh for enhancement of the sentences was, accordingly, dismissed. The complainant has now preferred the present appeal so as to challenge the acquittal of the accused/respondents.

(3.) MOREOVER , the statements made by PW-2 and PW-3 are nothing but a bundle of material infirmities and contradictions. According to PW-2, he learnt about the first marriage of Chander Parkash having already ending in divorce, at the time when said accused was getting married to his co-accused Geeta. On the other hand, PW-3 stated that he came to know about the first marriage of accused Chander Parkash only on 10.8.1986 when he and others went to the house of accused Chander Parkash in the form of Panchayat. As per the case of the prosecution, Chander Parkash solemnized second marriage with accused Geeta in April 1985. The priest, who had performed marriage of accused Chander Parkash with accused Geeta has not been examined by the prosecution. The explanation given by the prosecution that he was not traceable is simply an excuse without there being any basis, so as to avoid the prosecution of the said priest. The details regarding the second marriage as to when the same was performed, were also not supplied at the time of the filing of the complaint. The complaint itself was filed after more than one year and four months of the alleged second marriage. No implicit reliance can be placed upon the voters list or the medical certificate unless and until there is sufficient proof of the validity of the second marriage.