GOPAL SINGH Vs. SURAJBHAIN SINGH

JUDGEMENT

(1.) THIS is an appeal under Section 378 (4) of the Code of Criminal Procedure, 1973 by the complainant challenging the order of acquittal of the respondents under Sections 494 and 494/114, IPC. Special leave to appeal was granted to the complainant by order dated 8-11-1990. Respondent No. 3 Dham Singh has died during the pendency of this appeal. Therefore, it has abated against him.

(2.) IT is not disputed that Savita (P. W. 3) was married to accused No. 1 Surajbhan Singh on 18-2-1982. This marriage was solemnized in accordance with the customary rites and ceremonies. There was saptapadi before the sacred fire. Savita (P. W. 3) gave birth to a female child. Accused No, 2 Guljar Singh is father of Surajbhan Singh.

(3.) THE prosecution case is that accused Surajbhan Singh re-married Chitralekha on 19-5-1983 in village Sarangarh. According to the complainant this marriage was also solemnized in the form of Saptapadi before the sacred fire. Chitralekha is daughter of accused Nos. 4 and 5 Pratap Singh and Yashodabai. They were apprised of the fact of the existing marriage between Savita (P. W. 3) and Surajbhan Singh but they married Chitralekha to him.