RAJ NARAIN Vs. STATE

JUDGEMENT

(1.) THE appellants Raj Narain, Kallu and Banwari have been convicted by the Sessions Judge of rae Bareli and have been sentenced to various terms of imprisonment under Sections 304, 342, 366, 454, 149 and 147 of the Indian Penal Code. Raj Narain has been sentenced to ten years' rigorous imprisonment while the other two have been sentenced to seven years' rigorous imprisonment under Section 304 of the Indian Penal Code. Raj Narain has been sentenced to five years' rigorous imprisonment and the other two appellants to four years' rigorous imprisonment under Section 366 of the Indian Penal Code. Kallu and Banwari have been sentenced to six months' rigorous imprisonment while Raj Narain has been sentenced to nine months' rigorous imprisonment under Section 342 of the Indian Penal Code. Kallu and Banwari have been awarded one year's rigorous imprisonment under Section 454 of the Indian Penal Code. Raj narain has further been sentenced to two years' rigorous imprisonment under Section 149 and kallu and Banwari to one year's rigorous imprisonment under Section 147 of the Indian Penal code.

(2.) BRIEFLY stated the story for the prosecution was that Pearey Lal deceased wanted to marry and he expressed this intention to Raj Narain appellant who was a distant 'bhanja' of Pearey Lal. Raj narain succeeded in getting a woman for him and he brought her to Pearey Lal some time about june or July, 1951. He demanded Rs. 300/- from Pearey Lal which sum was paid to him and Raj narain went away. He used to visit Pearey Lal off and on and some 15 or 20 days before the occurrence Raj Narain came to the house of Pearey Lal in the company of two other persons, including Kallu appellant, and told him that he would take away the woman. Pearey Lal told him that he could take away the woman if he returned Rs. 300/- which had been taken by him. Raj narain then held out a threat of taking away the woman by force and went away. A report was lodged by Pearey Lal at the police station about this occurrence on the 8th January, 1952, at about 11 a. m. The appellants in the company of 7 or 8 persons came to the house of Pearey Lal and others and they entered the house. Two of them are said to have caught hold of Pearey Lal while the other two held his brother Bhagwati. The remaining two then dragged away the woman from the house and while leaving the house they chained the outer door. Pearey Lal and bhagwati raised an alarm and the neighbours ran up and unchained the door when Pearey Lal told them that his wife had been taken away by force by Raj Narain and his companions. These persons and some others then went in pursuit of the abductors and they overtook them near the grove of Siddhu at a distance of about half a mile from the house of Pearey Lal. There was some exchange of hot words and Raj Narain appellant then gave a lathi blow on the head of Pearey Lal who fell down and died. Raj Narain's companions then took away the woman.

(3.) FIRST information report was lodged by Bhagwati, brother of Pearey Lal, the same day at 6 p. m. at police station Salon, which was at a distance of 8 miles from the place of occurrence. The police came to the place of occurrence and the dead body of Pearey Lal was sent to the mortuary for post mortem examination. After the case was investigated six persons, including the appellants, were sent up for trial.