BHANWAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BRIEF facts of the case are that one Narayan Singh lodged a written report at Police Station Kotwali, Sikar on 26. 05. 1987 stating therein that his sister Smt. Raj Kanwar was married with accused-petitioner Bhanwar Singh. The marriage was solemnized on 10th Feb. , 1985 and dowry was also given to Bhanwar Singh at the time of marriage. After about 10 days the accused-petitioner Bhanwar Singh started beating his sister Raj Kanwar and accused demanded more dowry. When the informant received this information, he went to Sikar and there he came to know that Bhanwar Singh was already married before his marriage with Raj Kanwar and further he has solemnized one more marriage on 13. 05. 1987. In the complaint, he further said that the accused used to beat and sent Raj Kanwar to Jaipur, but the complainant used to pacify the matter and he took Raj Kanwar to Sikar many a times. The complainant further stated that Bhanwar Singh took his sister to Delhi and put her in hotel. There he tried to sell the complainant's sister, but she somehow ran way from Delhi and reached to Jaipur. She told the story to the complainant. It is stated in the complaint that the accused is in habit of solemnizing one after another marriage and he is involved in business of selling the ladies. After investigation, the prosecution submitted the charge-sheet before the trial Court under Section 498a IPC against the petitioner-accused Bhanwar Singh and his father Hanuman Singh.

(2.) THE Trial Court after framing charge against both the accused, completed the trial of the case. In the Trial Court, the prosecution produced witnesses, PW-1 Narayan Singh, PW-2, Ram Singh, PW-3 Raj Kanwar, PW-4 Hari Prasad, PW-5 Shiv Dayal, PW-6 Mahipal Singh, PW-7 Mooli Devi, PW-8 Umrao Kanwar and PW-9 Ram Singh. THE accused were examined under Section 313 Cr. P. C. THE accused merely stated in the statement that whatever the witnesses are saying are wrong and they have not taken any specific defence in their statement under Section 313 Cr. P. C. THE trial Court after trial convicted the accused Bhanwar Singh and Hanuman Singh under Section 498a IPC and passed the sentence of one year's simple imprisonment for each of the accused with a fine of Rs. 200/- and in default of payment of fine to further undergo simple imprisonment for 15 days.

(3.) IN view of the above statement and the complaint Ex. P/1 it is clear that complainant as all the witnesses stated on oath only to the effect that they come to know subsequently that the accused was married, but from the entire evidence of all he witnesses, only inference can be drawn is that none of them had personal knowledge of petitioner's earlier marriage. All said is that they heard that petitioner was married before his marriage with Raj Kanwar victim. None of the witness was present at the time of solemnization of the marriage by the accused with other lady prior to solemnizing of the marriage with Smt. Raj Kanwar. Their evidence is only hear say. Their admission is only admission of their belief on the basis of information, which they received from others. Therefore, it is not a case of admission of marriage of the petitioner with Raj Kanwar by the witnesses, but it is a case of admission of the fact of hearing about the earlier marriage of the accused, prior to marriage with Raj Kanwar. The admission is required to be read as a whole as well as to the extent for which admission is there. Neither the complainant nor the witnesses ever admitted that there was any valid marriage of accused Bhanwar Singh with Rukmani.