KAIIWAL RAM Vs. HIMACHAL PRADESH ADMINISTRATION

JUDGEMENT

(1.) This appeal arises out of a conviction for bigamy and for the abetment of it under Ss. 194 and 109 of the Indian Penal Code. The trial Court acquitted the accused persons but on appeal the Judicial Commissioner of Himachal Pradesh convicted them. Hence this appeal.

(2.) Originally four persons were charged, namely, Kubja the bride, Kanwal Ram the bridegroom, Hira Nand and Seesia both relations of the bride, the latter two having been charged under S. 494 read with S. 109 for abetment of the offence of bigamy committed by the two first mentioned accused. The charges were framed on the complaint of Sadh Ram to whom Kubja had been earlier married. The complainant had also implicated Hiroo, the mother of Kubja but she was discharged by the Magistrate. Hira Nand died pending the appeal in this Court.

(3.) Sadh Ram was married to Kubja sometime in 1940-41. The marriage between the appellant Kanwal Ram and Kubja is said to have taken place in September 1955 By this time the Hindu Marriage Act. 1955 had come into force and it prohibited the marriage of a Hindu during the lifetime of his or her spouse. The parties belong to a village in Himachal Pradesh among whom a customary form of marriage called Praina, is recognised. Both the marriages were performed according to that form. The marriage of Kubja with Sadh Ram though originally challenged is now accepted. The only question is whether the second marriage of Kubja, that is to say, between Kubja and kanwal Ram, has been proved.