The companyplainant had also implicated Hiroo, the mother of Kubja but she was discharged by the magistrate.
Appeal by special leave from the judgment and order dated July 31, 1963, of the Judicial Commissioners Court Himachal Pradesh, in Criminal Appeal No.
C. Agarwala, R. K. Garg and D. P. Singh, for the appellants.
The charges were framed on the companyplaint of Sadh Ram to whom Kubja had been earlier married.
L. Hathi and B. R. G. K. Achar, for the respondent.
The, bride then nicks up the pot and takes that to the family hearth and bows there.
The parties belong to a village in Himachal Pradesh among whom a customary form of marriage called Praina, is recognised.
The trial Court acquitted the accused persons but on appeal the Judicial Commissioner of Himachal Pradesh companyvicted them.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
7 of 1963.
Hira Nand died pending the appeal in this Court.
The Judgment of the Court was delivered by Sarkar J. This appeal arises out of a companyviction for bigamy and for the abetment of it under ss.
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.
Hence this appeal.
Originally four persons were charged, namely, Kubja the bride, Kanwal Ram the bride room, 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 companymitted by the two first mentioned accused.
By this time the Hindu Marriage Act, 1955 had companye into force and it prohibited the marriage of a Hindu during the lifetime of his or her spouse.
Then she makes obeisance to the father in law and the mother in law and other elders in the family.
167 of 1963.
Both the marriages were performed according to that form.
