STATE Vs. PARKHA RAM SURI

JUDGEMENT

(1.) AGGRIEVED by the judgment and order dated 12.03.2010 passed by the learned Sessions Judge in Sessions Case No.79/2009, the State preferred a leave petition. By order dated 18.02.2011 the Criminal Leave Petition was allowed and the Criminal Appeal filed by the State was admitted. The first two Respondents had died during the trial of the case. The third Respondent Sona Ram died during the pendency of the leave petition. The proceedings against him, therefore, abated.

(2.) BRIEFLY stated, the prosecution case is that Meera Devi (PW-7) daughter of the complainant Smt. Ambo Devi (PW-4) got married to Mohan Lal s/o Daula Ram about four years prior to the incident and there was some matrimonial dispute between them. Mohan Lal (the deceased) and his family told the complainant- Ambo Devi and her family that Meera Devi was of an immoral character. The matter reached before the community Panchayat. It is alleged that the Panchayat decided that a sum of ' 50,000/- would be deposited by the complainant-Ambo Devi with Respondent No.3-Sona Ram (since deceased). It was decided that two bamboos would be erected on the banks of the river Yamuna. Lalit (brother of Meera Devi-PW-7, from her parents' side) and Mohan Lal (Meera's husband, representing her in-laws) would sit in the water holding the bamboos for seven minutes and the person who comes out of the water first would be deemed to be a liar and the other person would be the winner. It was decided that this competition would be held on 18.10.1997 at 4:00 a.m.

(3.) ON Respondents' pleading not guilty to the charge, the prosecution was directed to produce its evidence.