BABU Vs. STATE OF U P

JUDGEMENT

(1.) This Criminal Appeal arises out of the judgment and order dated 21.4. 1978 in Sessions Trial No. 114 of 1975 passed by Sri Sharda Prasad Srivastava, II AddI. Sessions Judge, Bijnor, convicting the appellants under section 120B IPC and under section 342 read with section 120B IPC, but in spite of finding the accused persons guilty of the offences each of them have been released on probation of good conduct with a direction that each of them shall furnish a bond of Rs. 1000/- with two sureties each in the like amount during the period of six months and in default to undergo rigorous imprisonment for three months under section 120B IPC, and for a period of six months under section 342 read with Section 120B IPC.

(2.) The prosecution story is that accused Shamsuddin, is a resident of village Qasampur Garhi. His sister Smt. Anisa is married to one Shamsuddin son of Abdul Shakoor resident of village Zikri Wala situate within the jurisdiction of police station Afzalgarh, district Bijnor. Relations between the two families were cordial but with the passage of rime relations, some how or the other, became strained so much so that even divorce with Smt. Anisa was sought which was resisted by the family of the husband and the husband himself. Even settlement before paochayat could be of no avail. However, as the father of the girl was insistent on divorce, a conspiracy was hatched by the accused persons to secure the signatures of Shamsuddin husband of Smt. Anisa on some stamp paper. Pursuant to this Shamsuddin who was working on the crusher of one Ram Gopal, Was beckoned by Sharafat and Babu and then took him to the house of Imamuddin in qasba Afzalgarh on 22nd of April 1973 at about 11.30 a.m. Admittedly Shamsuddin was residing at the village with his sister and used to take meals with his brother in-law. It is thus alleged that all the accused wrongfully confined Shamsuddin order to perpetuate their design to obtain the thumb mark on the stamp paper so as to secure the divorce. Shamsuddin was asked to put his thumb on the blank stamp paper which was purchased from one Sri Basdeo Prasad a Stamp Vendor, but he dissuaded himself and did not put his thumb impression on that stamp paper and went away from the house.

(3.) The accused were charged under Sections 120B, 364 read with Section 120B, 341/120B and 465 read with Section 120B of the Indian Penal Code.