PYARE LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by special leave by the appellant Pyare Lal is directed against the judgment of the Allahabad High Court in Criminal Appeal No. 3138 of 1972 confirming his conviction under S. 366 read with S. 109 of the Indian Penal Code (for short I.P.C.) by the II Temporary Civil and Sessions Judge, Orai and the sentence of seven years' R.I. awarded therefor.

(2.) One Roop Narain (accused No. 1) and his aunt's son viz. Pyare Lal, the appellant herein were tried along with another accused by name Babu for various offences relating to the abduction, rape and murder of Roop Narain's wife, deceased Shri Bai. While Roop Narain and the appellant were charged under Ss. 366 and 368 read with S. 109, I.P.C. and S. 120-B. I.P.C., the other accused Babu was tried for offences under Ss. 366, 368, 376, 324 and 120-B, I.P.C. Roop Narain and the appellant were convicted under Ss. 366 and 368 read with S. 109, I.P.C. and sentenced to undergo R.I. for seven years under each count, the sentences to run concurrently. Accused Babu was found guilty under various charges including the charge under S. 302, I.P.C. and sentenced to life imprisonment besides varying terms of imprisonment for the other offences. In the appeals preferred by the three convicted accused to the High Court Babu was acquitted of all the charges and set free. The conviction of Roop Narain and the appellant under S. 368 read with S. 109, I.P.C. was set aside but their conviction under S. 366 read with S. 109, I.P.C. and the sentence therefor were confirmed. While Roop Narain has served out his sentence the appellant has preferred this appeal.

(3.) The facts of the case are to the following effect. Roop Narain and his wife, deceased Shri Bai were living in village Mudiya. Their married life was not happy and Roop Narain wanted to get rid of Shri Bai and indeed sought for a divorce at a village panchayat held on 30-11-1970. Shri Bai, however, refused to be divorced. Therefore, in order to get rid of her she was sold to Babu so that he could take her away. To enable Roop Narain to sell Shri Bai, the appellant, who is a resident of village Chilla had brought Babu of village Sadupura to Mudiya on the evening of 30-11-1970. When the panchayat talks failed Shri Bai had to be entrusted to the custody of Babu without rousing her Suspicion. Consequently, on the next morning i.e. 1-12-1970 Shri Bai was given to understand that Roop Narain was taking her to Jhansi for setting up residence there. Believing the statement, Shri Bai left village Mudiya along with her husband as well as the appellant and the stranger Babu. After proceeding some distance Roop Narain turned back saying he would attend to some unfinished work and then join the party but in the meanwhile the others may proceed to Jhansi. Not suspecting anything Shri Bai went along with the appellant and Babu to Jhansi. After they reached Jhansi the appellant gave the slip and went away leaving Shri Bai alone in the custody of Babu. Babu took Shri Bai to Sadupura stating that the appellant and Roop Narain would join them there. At Sadupura Babu kept Shri Bai in solitary confinement in a house for two days. During that period he raped her. When Shri Bai begged him to release her he refused to do so on the ground that he had purchased her and she must, therefore, lead life with him. When Shri Bai protested that she being a Brahmin cannot live with a Kurmi like Babu he became enraged and beat her and then poured kerosene over her and set fire to her clothes. Thereafter, Babu locked the door of the house and went away. Shri Bai managed to put out the fire by pouring over herself the water kept in a pot in the house. In the night Babu returned and carried Shri Bai to a field on the outskirts of the village and abandoned her there. For two days Shri Bai lay unnoticed by any one in the field. On 6-12-70 some persons happening to pass the field heard her groans and rescued her. Shri Bai informed them as to how she had been abducted from village Mudiya and brought to Sadupura and as to how she had sustained burns on her body. She was then taken to the police station at Konch and she gave a report ( Exhibit Ka-6). Later in the evening she also gave a statement (Exhibit Ka-18) to the Tehsildar Magistrate. She was admitted in the hospital and treated for her injuries. While in the hospital another statement (Exhibit Ka-19) was also recorded under S. 161(3), Cr.P.C. Her brother P.W. 2 Durga Prasad came and saw her in the hospital and she apprised him of what all had happened. In spite of the medical treatment Shri Bai died on 19-12-70. The post-mortem examination revealed that she had died on account of toxaemia and shock resulting from the burn injuries sustained by her. After completion of investigation Roop Narain, Pyare Lal (appellant) and Babu were charged for the respective offences committed by them.