ANAND PARKASH Vs. RAMA DEVI

JUDGEMENT

(1.) SMT . Rama Devi daughter of Chokh Ram Sharma alleges to have married Anand Parkash accused according to Hindu Rites on 16.7.1975 and co- habited with him as his legally wedded wife. She alleges that her marriage with Anand Parkash was subsisting when on 9.6.1982 Anand Parkash married Smt. Kaushlya daughter of Mann Singh. At the time when Smt. Kaushlya married Anand Parkash, she knew that Anand Parkash was an already married man and she was his legally wedded wife and their marriage was subsisting. She further alleges that the marriage of Smt. Kaushlya with Anand Parkash during the subsistence of his marriage with her was abetted by Anand Parkash's father Krishan Dutt and mother Smt. Kirpa Devi and Mann Singh, Kaushlya's father. Smt. Rama Devi instituted complaint under Section 494/109 Indian Penal Code against Anand Parkash, Smt. Kaushlya, Krishan Dutt, Smt. Kirpa Devi and Mann Singh. After holding preliminary inquiry into the allegations of the complaint, Additional Chief Judicial Magistrate, Bhiwani found sufficient grounds to proceed against Anand Parkash, his father Krishan Dutt and mother Kirpa Devi under section 494 Indian Penal Code. He found sufficient grounds to proceed against Smt. Kaushlya and her father Mann Singh under Sections 494/109 Indian Penal Code. After trial, Additional Chief Judicial Magistrate, Bhiwani found allegations of the complaint to be correct against Anand Parkash, Krishan Dutt and Mann Singh inasmuch as he found that with Kaushlya, it was Anand Parkash's second marriage and Krishan Dutt and Mann Singh had abetted the second marriage of Anand Parkash with Kaushlya. He sentenced Anand Parkash and Krishan Dutt to undergo RI for one year and to pay fine of Rs. 1,000/- each or in default to undergo further RI for 6 months each under section 494, 494/109 Indian Penal Code respectively. He sentenced Mann Singh to undergo RI for 6 months and to pay fine of Rs. 500/- or in default to undergo further RI for 3 months under section 494/109 Indian Penal Code. He acquitted Smt. Kirpa Devi and Kaushlya as he found that Kaushlya had no knowledge that Anand Parkash was already married and that Rama Devi was his legally married wife and that their marriage was subsisting. He found that there was no evidence against Kirpa Devi as to the part played by her in bringing about the marriage of Anand Parkash with Kaushlya.

(2.) AGGRIEVED from their conviction and sentence recorded by the learned Magistrate, Anand Parkash, Krishan Dutt and Mann Singh went in appeal to the court of Session. Appeal filed by Mann Singh was accepted and he was given the benefit of doubt. Appeal of Anand Parkash and Krishan Dutt was dismissed so far as conviction was concerned but sentence passed upon Krishan Dutt was modified and he was ordered to be released on executing bonds under the Probation of Offenders Act, 1958. So far as Anand Parkash is concerned, qua him the sentence imposed was maintained.

(3.) LEARNED counsel for the petitioners has submitted that there is no evidence of the alleged second marriage of Anand Parkash with Kaushlya. It has been submitted that there is no evidence of any ceremony of marriage having been gone through by Anand Parkash and Kaushlya for uniting themselves into wedlock and if there is no evidence of any religious ceremony having been gone through by Anand Parkash and Kaushlya for uniting themselves into wedlock, it cannot be said that there was any marriage between the two. Smt. Rama Devi has stated that she was not divorced by Anand Parkash. She has further stated that Anand Parkash married Kaushlya on 9.6.1982 and it was his second marriage. She stated that the marriage of Anand Parkash with Kaushlya took place according to Hindu rites. She has nowhere stated that she was present at the time of the second marriage of Anand Parkash with Kaushlya. She has stated that regarding the second marriage of Anand Parkash with Kaushlya, she was told by one Ashrafi Devi. She has stated that her brother went to Bhiwani and verified the second marriage of Anand Parkash with Kaushlya. So far as Smt. Rama Devi is concerned, whatever she has stated about the second marriage of Anand Parkash that is hear-say. Smt. Ashrafi Devi PW2 stated that Smt. Kaushlya is the second wife of Anand Parkash. She saw Kaushlya cohabiting with Anand Parkash at his house. She was told by Anand Parkash's mother that she had re-married her son Anand Parkash. She told Smt. Rama Devi regarding her husband Anand Parkash's second marriage with Kaushlya. She told Rama Devi's brother also about this fact. Smt. Ashrafi Devi has nowhere stated that she attended the alleged second marriage of Anand Parkash with Kaushlya. She has not stated that such and such ceremony was gone through by Anand Parkash and Kaushlya so that they could be man and wife. She has nowhere stated that marriage ceremony was performed by such and such Brahmin. Kailash Chand PW3 has not fared better. He has not stated that he attended the second marriage of Anand Parkash with Kaushlya. He has not stated that at that alleged marriage such and such ceremony was gone through and that ceremony was performed by such and such Brahmin. He only stated that the marriage of Anand Parkash with Kaushlya took place according to Hindu rites and ceremonies. He stated that they were told by one girl belonging to their village about the second marriage of Anand Parkash with Kaushlya (reference is to Smt. Ashrafi Devi). He further stated that then he came to village Badala and verified the fact of the second marriage of Anand Parkash with Kaushlya and the fact was found to be correct. Smt. Rama Devi's marriage with Anand Parkash was subsisting and it had not been dissolved by divorce. Evidence of Rama Devi, Ashrafi Devi and Kailash PWs is all hearsay. Shiv Kumar PW5 stated that Smt. Kaushlya was passed off in marriage to Anand Parkash through phera ceremony. He has stated that his house is at a distance of 2 kilas from the house of Mann Singh. He has not been able to tell the name of any of the baratis'. He stated that the Brahmin who performed the phera ceremony is Chander who is his tau (uncle). He has not been able to tell the number of baratis. Keshav Dev PW6 stated that Anand Parkash's marriage with Kaushlya took place in village Badala. It was his second marriage. Earlier marriage of Anand Parkash took place with Smt. Rama Devi. He stated that phera ceremony took place at 10./10.30 p.m. He has stated that barat consisted of 25-30 baratis. Barat was in cars. Shiv Kumar is neither related to Anand Parkash nor Kaushlya. He had not been invited to the marriage by either party. His presence at the spot is, therefore, not natural. He appears to be a made up witness. Similarly, the presence of Keshav Dev on the occasion of the marriage of Anand Parkash with Kaushlya is also unnatural. He is not related to either Anand Parkash or Kaushlya. He was not invited to the marriage by either of them. Even otherwise, in their cross-examination, they have not been able to pin-point Anand Parkash that he was attending the court facing trial. They have stated that he was some body else to whom Smt. Kaushlya was given in marriage. In marriage, only close relations and friends are invited. Shiv Kumar and Keshav Dev do not bear that stamp. Furthermore, assuming that the marriage took place at 10/10.30 p.m., it would take place in stealth and not in open. If it took place in stealth, there was no occasion for these people to have been present there in the marriage venue.