BALWANT SINGH Vs. HARJITENDERJEET SINGH

JUDGEMENT

(1.) THIS appeal has been filed by Balwantsingh after obtaining special leave to appeal under Section 378 (4) Cr. P. C. against the judgment dated 29th June, 1977 of the Judicial Magistrate, Karanpur whereby respondent No. 1 was acquitted of the charge u/s 494 IPC and respondents Nos. 2 and 3 Smt. Jaspreetkaur and Smt. Surinderjeet Kaur were acquitted of the charge u/s 494/114 I. P. C.

(2.) THE appellant Balwant Singh had filed a complaint against respondents Nos. 1,2 and 3 wherein it was alleged that respondent No. 1 Harjitender Jeet Singh had been validly married to the daughter of the appellant, Simaranjeet Kaur, on 23. 2. 1969 and during the subsistence of that marriage and during the life time of Smt Simarnjeet Kaur the said respondent No. 1 married Smt. Jaspreet Kaur on 28th March 1975 and that by contracting the aforesaid second marriage respondent No. 1 had committed the offence of bigamy punishable u/s 494 I. P. C. and that respondent No. 2 Smt. Jaspreet kaur who contracted the second marriage with respondent No. 1 and Smt. Surinderjeet Kaur who is the mother of respondent No. 2 had abated the commission of the offence of bigamy and, were therefore, guilty of the offence punishable under section 494/114 I. P. C. On the basis of the aforesaid complaint a charge u/s 494 I. P. C. was framed against respondent No. 1 and a charge u/s 494/114 I. P. C. was framed against respondents Nos 2 and 3 and they were tried by the Judicial Magistrate Karanpur. In support of his case the appellant examined five witnesses viz, Gurdayal Singh (P. W. 1), Balwant Singh (P. W. 2), Gurwant Singh (P. W. 3), Gurdayal Singh (P. W. 4) and Hardeep Singh (P. W. 5) out of which Gurdayal Singh (P. W. 4) and Hardeep Singh (P. W. 6) were examined as the eye witnesses of the second marriage of respondent No 1 with respondent No. 2. Shri Jagat Singh (C. W. 1) and Shambhu Singh (C. W. 2) were examined as court witnesses by the court and the accused persons in their defence examined Lakhvendra Singh (D. W. 1 ). THE Judicial Magistrate by his judgment dated 29th June, 1977 held that the marriage of respondent No. l Harjitenderjeet Singh to Smt. Jaspreetkaur on 23rd February, 1969 had been established but as regards the marriage of respondent No. 1 to respondent No. 2 on 28th March, 1976 the Judicial Magistrate held that from the evidence adduced by the complainant it was not established that respondent No. 1 had lawfully and validly married respondent No. 2. In view of the aforesaid finding the Judicial Magistrate held that the offence of bigamy is not established and, therefore, he acquitted all the three respondents of the charges that were levelled against them. THEreafter the appellant filed this appeal after obtaining special leave to appeal from this Court.

(3.) THUS there is no merit in this appeal and it is accordingly dismissed. .