MODI RAM LALA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this appeal special leave was granted only on the limited question of sentence.

(2.) Modi Ram, appellant no. 1, was married to one Janibai. About a year and a half after the marriage Janibai is alleged to have been seduced away by one Chunni Lal. Chunnilal and Janibai claimed to have got married to each other according to Natra form of marriage. Modi Ram did not like Janibai living with Chunnilal. On May 16, 1969 at about 6 O'clock in the morning when Chunnilal was going to Talai apparently to answer the call of nature about five or six persons caught hold of him and gave him a beating. Apart from causing him other injuries they also cut off his nose and his male organ. The matter was reported to the police station, Ratangarh at about 10 a.m. As a result of the police investigation seven persons were prosecuted but only two out of them were convicted under S. 326, I.P.C. They are the present appellants Modi Ram and Lala. Modi Ram was convicted for cutting the male organ of Chunnilal and Lala for cutting off his nose. The learned Additional Sessions Judge, Neemuch trying the seven accused came to the conclusion that the five accused, other than Modi Ram and Lala, were not proved to be present at the place of the occurrence and acquitted them. Modi Ram and Lala were, however, found to have caused grievous injuries to Chunnilal. They were both sentenced to rigorous imprisonment for one year. This is what the learned Additional Sessions Judge when dealing with the sentence said:

(3.) On appeal the High Court considered it proper to enhance the sentence. After upholding their conviction the High Court observed as follows: