BHAGWAT Vs. STATE

JUDGEMENT

(1.) APPELLANTS Bhagwat, Bhagwan Das, Kanhaiya Lai, Sukhpal, Bhabhuti, Daya Ram, Mewa Lal Mata Prasad, Hira Lai and Havaldar have been convicted by the Assistant Sessions Judge, Gonda for offences punishable Under Sections 147, 452/149 and 366/149, Indian Penal Code. Each of them has been sentenced to rigorous imprisonment for five years Under Sections 366/ 149, IPC to two years' rigorous imprisonment Under Section 452/149, Indian Penal Code and to rigorous imprisonment for one year Under Section 147, Indian Penal Code. The sentences have been directed to run concurrently.

(2.) ACCORDING to the prosecution case Shambhu Dutt deceased had a daughter by name Smt. Rajpati. This lady was married to appellant Bhagwan Das son of Ram Sunder about 22 years ago. She lived at the house of her husband for 10 or 12 days after which she was ill-treated and turned out from his house by Bhagwan Das. Srimati Rajpati thereafter began to live at the house of her father Shambhu Dutt who married her about 13 or 14 years before the incident to one Ram Sagar. At the time of incident Smt. Rajpati was living at the house of Ram Sagar. About a month before the occurrence Shambhu Dutt died issueless leaving behind about 25 bighas of land which was inherited by his daughter Smt. Rajpati. The marriage of Smt. Rajpati with Bhagwan Das not having been formally dissolved he began to cast avaricious eyes on this land which was inherited by Smt. Rajpati from her father. A plan was hatched by Bhagwan Das and his father Ram Sunder with 15 or 16 other persons including the present appellants to abduct Smt. Rajpati forcibly so that she may be compelled to declare before a court of law that Bhagwan Das was her lawful husband and by such declaration Bhagwan Dass may be able to obtain the land of his deceased father-in-law. Accordingly the appellants along with Ram Sunder who is since dead and 7 or 8 other persons formed an unlawful assembly and went armed with lathis and sticks to the house of Ram Sagar at about 9 a. m. on 3rd March. 1966 in Village Theoras. They trespassed into the house of Ram Sagar. Ram Sunder, Bhagwan Das and Sukhpal caught hold of Smt. Rajpati by hands and feet and carried her away for some distance in that position. Attempt of Ram Sagar, Chhedi Ram and other witnesses to rescue Smt. Rajpati was foiled by members of the unlawful assembly by display of weapons. After going some distance the victim Smt. Rajpati was allowed to walk on her legs being surrounded by all the members of the unlawful assembly. She was in this manner brought to the house of Bhagwan Das where she was kept for about two days. She was asked to live as his wife' which she declined to do and she was commanded - by Bhagwan Das to go with him to the court of the District Judge, Gonda, for a declaration that Bhagwan Das was her husband. The third day Bhagwan Das and Ram Sunder set out for the said court along with Smt. Rajpati. In the way some constables happened to pass by to whom Smt. Rajpati disclosed the tale of her misfortune. Bhagwan Das and Ram Sunder deceased wer at this stage apprehended and in due course put to trial. The first report of this incident had been lodged by Ram Sagar on 3rd March, 1966 at 4. 30 p. m.

(3.) ALL the appellants had pleaded not guilty to the charge framed against them. Bhagwan Das admitted that Smt. Rajpati was married to him 20-22 years ago but denied that she was ever turned out by him. It was alleged that Smt. Rajpati had gone to look after her deceased father during his illness. He denied that there was a second marriage with Ram Sagar. Except him all other appellants imputed their prosecution to false implication.