NATHU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant along with one Dr Ramesh Kumar was sentenced to 3 1/2 years' rigorous imprisonment with fine of Rs. 1,000. 00 each under S. 376/511 of the Indian Penal Code and in default of payment of fine the defaulter was to undergo rigorous imprisonment for a period of three months. The conviction and sentence imposed by the learned Sessions Judge of Narnaul was unsuccessfully appealed against before the High court in Criminal Appeal No. 464/sb of 1988. The present appeal is directed against the said conviction and sentence by Nathu Ram, accused 2 (appellant herein). The prosecution case is as follows.

(2.) On 11/01/1986 Mansa Ram (Public Witness 8 made an application to the Chief Minister of Haryana to the effect that his son Satyawan is serving in the Army and his wife Nirmala (daughter-in-law) is living in the village with him. She was suffering from malaria. Therefore, he took her on 20/10/1985 for treatment to a private medical practitioner, namely, Dr Ramesh Kumar (accused 1 who had his clinic at Satnali in the market. He and Nirmala reached the clinic at about 1 p. m. and contacted the doctor who assured them of curing her. He gave Nirmala two tablets with a glass ofwater and asked her to lie down on the cot behind a curtain. Dr Ramesh called Nathu Ram, secretary of the Market Committee, accused 2 (the appellant herein) whom he called his guru. Dr Ramesh then asked Mansa Ram (Public Witness 8 to bring hot water from outside. When he returned with hot water and entered the clinic he found that they had attempted to rape Nirmala. On seeing him, the appellant, Nathu Ram ran away. Dr Ramesh was caught and given a beating by him. Some other people intervened and got Dr Ramesh freed. He thereafter went to Ganga Ram, Havaldar of Police Station, Satnali who said that he would himself arrest him but he did not take any action. He requested the Chief Minister to get the investigation of the case done.

(3.) The above complaint was marked through the Deputy Commissioner, Narnaul to the Senior Superintendent of Police, Narnaul for enquiry. On enquiry, he filed the report that the allegations in the complaint were false. Not being satisfied with the report of the police, the Deputy Commissioner of Narnaul marked the complaint on 11/09/1986 for a fresh enquiry to the SDM, Mahendragarh. He conducted the enquiry at Satnali. He made his report on 4/02/1987 recommending for registration of the case against the doctor and the appellant. This was marked to the SPO, Narnaul for registration of the case. Accordingly FIR No. 31 dated 18/05/1987 in P. S. Satnali was registered under S. 354 and 376 read with Section 511 of the Indian Penal Code. After investigation the appellant and Dr Ramesh were sent for trial.